Davis v. Davis

(after stating the case as above).

The appellants urge the point of error in not sustaining their plea of waiver of, and of estoppel against, the right to partition at the suit of the plaintiff, predicated upon the unaltered and existing written agreement executed by all the heirs on December 16, 1925. The point presents the important and fundamental question arising in the suit. According to the written agreement, signed by all the heirs to the property, and executed by them in lieu of administration proceedings in the probate court, two of the heirs, specially named, were appointed and…