Barkley v. Stone

Plaintiff in error sued defendants in error to compel partition of a lot of land 173xlS8 feet, situated in the city. of Dallas, alleged to be owned jointly by the parties, two-twelfths by plaintiff in error, and the remainder by defendants in error. There was trial by jury to whom the court conferred for determination certain issues of fact and upon the answers to which judgment was entered for defendants in error.

The facts arising upon the evidence are without dispute and are these: Alfred Stone married Evelyn Barkley in 1864. At the time of the marriage Evelyn had by a former husband two…