Redden v. Hickey

WILSON, Justice.

Appellant filed objections under Rule 771, Texas Rules of Civil Procedure, to the report of commissioners in partition proceedings, on the grounds the partition was unequal and unjust. He appeals from an adverse judgment sustaining the report based on a jury verdict.

Appellant says there was no basis in pleading or evidence authorizing submission of special issues relating to estoppel. Appellees’ pleading, to which no exception was presented, alleged that all parties made an agreement that commissioners appointed by the court should divide the land involved into four equal…