Alston v. Emmerson

STAYTOR, Chief Justice.

This action was brought by appellee to recover lands which once belonged to John D. Alston, and the rights of the parties depend on the validity of a judgment through which the lands were partitioned among his heirs. The original decree directing partition was entered on April 29, 1878, by the District Court for Dallas County, and the report of commissioners was approved and final partition made on May 7, 1879.

Appellants took a part of the land in controversy, as heirs, in that partition, and the residue of that in controversy was set apart to another heir of John D.…