Ellis v. First City National Bank

BILL BASS, Justice.

This is a partition case. Appellants contend that the trial court should have ordered the subject property sold and the proceeds partitioned because the tract was incapable of being fairly partitioned in kind. Appellants also maintain that the trial court erred in apportioning the court costs in proportion to the owners’ total acreage rather than the relative value of that interest. We will reverse that portion of the judgment adjudging costs and remand the cause for a determination of costs as required by Texas Rule of Civil PROCEDURE 778. Otherwise, the judgment will be…