Sand Point Ranch, Ltd. v. H. Carlos Smith and Wife, Doris J. Smith, Michael Allen Smith, Phillip Andrew Smith, Timothy Patrick Smith, W. H. Bauer Jr.

OPINION

Opinion by

Justice RODRIGUEZ.

This is an appeal from a jury trial on the commissioners’ report in a partition of land suit. See Tex.R. Civ. P. 761, 769, 771. The land sought to be partitioned is owned by the Smith family. Some of the Smith family (hereinafter, the H. Carlos Smith family) 1 wished to sell the land and sought partition against the remaining members of the family (who formed the appellant Sand Point Ranch, Ltd. entity) who wished to keep the land. The final parties to the partition were members of the Bauer family, appellees, who owned a partial interest in a road on the…