Goodloe v. Stowers

Opinion op the Court by

Judge Clarke

Reversing.

Appellants own an undivided three-fifths, and appellee, Stowers, owns the remaining two-fifths .of the minerals in 72 acres of land, the surface of which is owned by others.

*272By this action appellants sought a sale and partitition of the joint estate under section 490 of the code upon the ground of indivisibility, which appellee by answer denied.

Upon the sole issue involved, one of fact, appellants introduced three witnesses who testified that the minerals could not be divided in place and stated the facts upon which they based their opinions.…