Burkitt v. Broyles

WILSON, Justice.

Appeal from final decree, upon a jury ver•dict, confirming report of commissioners in .a partition action.

Appellant first attacks the decree be■cause the court struck his series of pleadings seeking to assert that the parties had no title to a lot which was included in the share .allotted to him. All such pleadings, with ■the exception of appellant’s original objections to the report of commissioners, ■were filed without leave less than seven days before trial, and, under the provisions of Rule 63, Texas Rules of Civil Procedure, ■will not be further noticed.

Two years before…