Jameson v. Farmers' State Bank of Burkburnett

On Afotion for Rehearing.

BUCK, J.

Special attack is made on our holding in the original opinion that on a direct attack a meritorious defense need not be proven, where the record or facts disclosed that the defendant was not served with citation, and no appearance was entered. In the case of Scales v. Wren, 103 Tex. 304, 127 S. W. 164, where the owner of land had his title on record, ascertainable by the county attorney who had filed the suit, and the owner was within the jurisdiction of the court, it was held by the Supreme Court that he was not a party to nor bound by a judgment and sale of…