Duke v. Spiller

PLEASANTS, Chief Justice.

This is an action of trespass to try title brought by the defendants in error against the plaintiffs in error to recover four tracts of land in Montgomery County. The petition was filed in the court below on December 17, 1906, and defendants having failed to answer at the next ensuing term of court, judgment was rendered against them by default.

Hnder appropriate assignments of error plaintiffs in error assail this judgment on the ground that the citation issued and served upon them and the return thereon were insufficient in law to authorize the court below to render…