Jim Sanders Et Al v. O. Z. Harder

This suit had its origin in a motion filed by respondent, Harder, to revive a default judgment against petitioners, Jim Sanders and wife, Jessie Sanders, so that writs of possession and execution might issue thereon. The judgment sought to be revived was rendered on June 17, 1941, in an action of trespass to try title. It awarded to respondent the title to an 86.27-acre tract of land in Smith County. In answer to the motion to revive, petitioners alleged that no legal service of citation was had upon them before the rendition of the judgment; that they had no knowledge, directly or indirectly, of the filing of the suit until long after the judgment was rendered; and that they had a meritorious defense to the cause of action alleged by the respondent in that case. They sought no affirmative relief. Under the holding in the recent case of Cox v. Nelson, 223 S.W.2d 84, error refused, it appears that the judgment had not become dormant, but since the case has been tried and appealed on the theory that it was dormant, and since the judgments below decreed that it was valid, notwithstanding the verdict set out below and ordered that writ of possession issue, we shall decide the questions of law presented by the appeal.