Martin v. Clements

Appellee sued appellant for the possession of a tract of land and caused a writ of sequestration to issue. The writ was executed February 5, 1916, and by the sheriff taken possession of, and on the same day citation was served on the appellant. On February 14, 1916, appellant executed a replevin, bond and retained possession of the land. Appellant failed to answer, and on March 7, 1916, said cause was regularly called for trial, and judgment by default was regularly entered for the appellee.

On April 13, 1916, appellant filed a motion for a new trial, alleging in substance that the time he was…