Keener v. Moss
Texas Supreme Court
Error from Hays. Tried below before the Hon. H. Teichmueller. The defendant in error, Duff Moss, by his next friend A E. Habicht, on July 12, 1884, instituted suit in the district court of Hays county against G-. O. Reed and Laura M. Reed, his wife; M. O’Brien and the plaintiff in error, Joseph Keener, for partition, under the statute, of a certain lot with improvements thereon, in the city of Fort Worth, in Tarrant county,-Texas.
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Error from Hays. Tried below before the Hon. H. Teichmueller. The defendant in error, Duff Moss, by his next friend A E. Habicht, on July 12, 1884, instituted suit in the district court of Hays county against G-. O. Reed and Laura M. Reed, his wife; M. O’Brien and the plaintiff in error, Joseph Keener, for partition, under the statute, of a certain lot with improvements thereon, in the city of Fort Worth, in Tarrant county,-Texas. Plaintiff below alleged in substance that the lot was part of the community estate of Thos. J. and Sarah N. Moss on and prior to November 1, 1881, that at that date…
1Opinion of the CourtWillie, Chief Justice
The decree rendered in this cause recites that it appeared from the pleadings and evidence that the property sought to be partitioned was not susceptible of division amongst those entitled to distributive interests therein, and for that reason the court ordered a sale of the property, and a distribution of the proceeds of sale among the several part owners thereof. There was no appoint-of commissioners to make partition of the property as required by statute. R. S., art. 3469.
This proceeding is statutory, and the judgment for a sale of the land sought to be partitioned is authorized only in…
2Cases cited3 opinions
- Tieman v. BakerTexas Supreme Court · 1885
- Johns v. NorthcuttTexas Supreme Court · 1878
- I. & G. N. R'y Co. v. BrettTexas Supreme Court · 1884
3Cited by4 opinions
- Henderson v. ChesleyCourt of Appeals of Texas · 1925
- Kalteyer v. WipffTexas Supreme Court · 1899
- Johnson v. JohnsonCourt of Appeals of Texas · 1916
- Powell, Guardian v. NaylorCourt of Appeals of Texas · 1903