Redden v. Hickey

TIREY, Justice.

This is a partition suit and the sole question before us involves the construction and application of Rule 771, Texas Rules of Civil Procedure, as it relates to one of the interested parties as to such party’s right to have a trial by jury on his objections to a report of the commissioners in such partition.

A comprehensive statement is necessary.

Appellee, Mrs. Hickey, went to trial on her original petition. In this petition she set up that H. T. Redden, Mrs. Doris Rush, W. M. Riley and wife, Agnes Riley, were the joint owners of certain real estate and described it by metes and…