Cox v. Gaines

Appellant Mary B. Cox (her husband joining pro forma) sued appellees (her father and brothers and sisters) in the district court to partition the community estate of her father and deceased mother. The suit was filed November 1, 1930, and it was alleged that on December 12, 1927, her father had taken out community administration upon the estate. The trial court sustained a general demurrer to the petition and a special exception thereto urging want of jurisdiction in the district court because of the pendency of administration in the county court. Appellant declined to amend, and the suit was…