GARWOOD, Justice.
This controversy, as now before us, is a so-called new trial proceeding under Texas Rule of Civil Procedure 329, by petitioners, Mr. and Mrs. Smith, who were defendants cited by publication and not personally appearing in the original proceeding. The latter was a suit by United Gas Pipe Line Company, respondent here, for partition of two tracts of twenty acres and one acre respectively and the minerals under both; the defendants being the six other...
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