Thomas v. Davis

This case involves the filing of a motion for new trial after a default judgment was rendered by the Dallas County Probate Court Number Two cancelling deeds from Dan Davis, Sr., an incompetent, to his sons, John Henry Davis and Paul Davis. The court of civil appeals reversed the judgment of the probate court and remanded the cause. 548 S.W.2d 755. The holding of the court of civil appeals conflicts with Texas Rules of Civil Procedure 329b, 1 and we grant the application for writ of error pursuant to Rule 483.

On October 13, 1975, Edith Faye Davis Gilliland, the daughter of Dan Davis, Sr.,…