Cox v. Gaines

McCLENDON, Chief Justice.

This is the second appeal of this case. For opinion on first appeal see (Tex. Civ. App.) 45 S.W.(2d) 444, 446 (error refused).

The suit was by Mrs. Cox, one of the nine children of Gaines and his deceased wife, for partition of their community estate, of which Gaines was community survivor administrator. In the first appeal the only issue was the correctness of the trial court’s order sustaining a general demurrer and special exceptions questioning the court’s jurisdiction. In reversing the judgment, we said; “Whether there exist equitable grounds for further…