Eastham v. Gibbs

CONNER, Chief Justice.

— Appellee instituted this suit for partition of eighty acres of land which he alleged was jointly owned by him and appellant. Appellant answered claiming the whole, specially pleading the five years statute of limitations. The court, however, found against him and ordered partition as prayed for by appellee.

It seems evident to us from the court’s findings of fact and law, to which a number of errors are assigned, that the case was tried upon an erroneous theory. While the findings are not specifically so, it is to be implied therefrom in the light of the judgment that…