Wagner v. Isensee

WILLIAMS, Associate Justice.

This was a suit for partition of real estate in Houston in which appellees, who were plaintiffs below, claimed one-half of it under a deed from their deceased father to Charles Wagner, and claimed two-thirds of the other half as heirs of their mother, acknowledging the appellant, defendant below, who was their brother, to be the owner of the other third of such half. Appellant claimed not only the interest admitted by plaintiffs to belong to him, but also a third of the father’s half, on the ground that the deed made by the father before his death to Charles Wagner…