Schwarz v. Smith

WILSON, Justice.

This is an appeal from judgment overruling appellants’ motion under Rule 329, Texas Rules of Civil Procedure, for new trial in a trespass to try title action. Judgment had been rendered against appellants nearly two years before on citation by publication.

At the outset we are confronted with the contention that the original judgment is void for want of jurisdiction because of omission from the affidavit for publication of a statement that residence of defendants was unknown to plaintiffs; and of a statement that after due diligence plaintiffs and affiants had been unable to…