Weller v. Weller

PLEASANTS, Associate Justice.

—Appellants brought this suit against appellees to partition certain lands described in their petition. Plaintiffs alleged that they and defendants were the owners in common of said lands, plaintiffs owning 9-11 and the defendants the remaining 2-11 of same. The defendants answered by general demurrer and general denial, and specialty that the property described in the petition was the separate property of August Weller, deceased, the father of plaintiffs and defendants, and that said Weller by the terms of his last will and testament, duty executed and probated,…