Fleming v. Hernden

OPINION

OSBORN, Justice.

The Appellants in this case were cited by publication but did not answer. Judgment was entered against them after an answer was filed by an attorney ad litem appointed by the Court. The Appellants then filed an answer and a “Motion to Set Aside Default Judgment or Alternatively, Motion for New Trial” within ten days after the judgment. The motion was overruled, resulting in this appeal. We reverse and remand for a new trial.

In an amended petition, Appellee alleged a motel in San Antonio was conveyed to Russell and Joy Kerns, with a deed of trust lien being retained to…