Cassidy v. Kluge (73 Tex. 154, 1889)

Collard, Judge.—

The original suit was filed in the District Court of Travis County October 15, 1858, against John King, a resident of Arkansas. Citation by publication was issued, which was published in the State Gazette, a weekly newspaper published in Travis County, for the' time required by law. It was returned by the sheriff prior to the first Monday in December, 1858, which was the first day of the fall term of the District Court. Subsequent to this, but before the next term of the court, King having the apparent title to the part of lot 5 in controversy executed to S. M. Swenson a mortgage upon the same to secure an amount of 81200. This mortgage was afterward foreclosed, the property sold, and bought in by Swenson. Mrs. Kluge deraigns her title from Swenson. She intervened in the original suit in 1883, setting up her title through the Swenson mortgage.

On the 23d of June, 1885, the Supreme Court, affirming the judgment