Rayson v. Johns

CORNELIUS, Justice.

The question on this appeal is whether appellants were entitled to a jury determination of the susceptibility of land to partition in kind. Appellees filed this suit against appellants and certain other defendants in trespass to try title and for partition. Appellants filed general denials and cross-actions also asking for partition. Although appellants made proper and timely demand for a jury trial on all issues, the trial judge determined that the land was incapable of a fair division in kind and ordered the property sold and the proceeds divided among the several owners…