Cox v. Jasper

Appellant obtained a default judgment against appellee. Thereafter, appellee filed suit in the nature of a bill of review to set aside said judgment, alleging certain equitable grounds not necessary here to notice. Judgment upon special issues was entered for appellee.

Special issues Nos. 12 and 13 were as follows:

12. "Answer from a preponderance of the evidence, whether or not L. B. Cox, at the time said cattle or tractor were delivered to him, agreed with D. L. Jasper to accept same in full settlement of the note sued upon in said Cause No. 761. Answer `Yes' or `No.'

13. "If you have answered…