Bingham v. Kimbrell

ARCHER, Chief Justice.

This suit was filed by the appellees A. R. Kimbrell and numerous others, against appellants, as defendants, for partition of a tract of land and for construction of the will of J. R. Kimbrell, deceased..

Appellants, as defendants, answered with special exceptions, and among other things pleáded that the parties had theretofore made an oral partition of sitch land.

The court severed the will construction from the partition, ordering them tried separately.

Separate judgments were rendered.

The court entered an order sustaining ap-pellees’ “motions, exceptions, plea of…