Jones v. Dewbre

McCLENDON, C. j.

Sole question presented: Does partition in kind of the community homestead, which constitutes the entire community estate, lie at the instance of the surviving wife, holder of the homestead interest and owner of one-half undivided interest in the fee, against the owners of the remaining undivided interest in the fee, where the survivor does not waive, but expressly reserves, her homestead interest and seeks partition of the fee only and subject to her homestead right? The question arises upon appeal from a judgment of dismissal after the trial court sustained a general…