Elliott v. San Benito Bank & Trust Co.

ALEXANDER, Justice.

On March 3, 1928, the San Benito Bank & Trust Company recovered judgment by default in the district court of Cameron county against F. M. Elliott for debt with foreclosure of lien on .land. On April 4, 1928, the plaintiff filed a motion to correct the description of the land described in the judgment. At that time the defendant signed a waiver of notice on said motion in the following language: “I hereby waive notice of the foregoing motion and agree that judgment may be corrected in accordance with the prayer of said motion.” On the same day the trial court entered a…