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HARDER v. SANDERS

No. A-5174.

284 S.W.2d 144 (1955)

O. Z. HARDER, Petitioner, v. Jim SANDERS et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 14, 1955.

Attorney(s) appearing for the Case

Lawrence & Lawrence, Tyler, for petitioner.

C. B. Bunkley, Jr., Dallas, Ramey, Calhoun, Brelsford & Hull and O. C. Funderburk, Tyler, for respondents.

SMITH, Justice.

Petitioner, O. Z. Harder, filed suit against respondents, Jim Sanders and wife, in trespass to try title, and, on June 17, 1941, judgment was entered by default against the defendants. On May 18, 1948, in the same cause, which was No. 10,481-A, the district court issued a Scire Facias to revive the judgment. This was upon motion of the petitioner. Respondents answered the motion by alleging that they had never been served with citation in the case...

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