Rhoades v. Gay

On Motion for Rehearing.

Appellants seriously contend, on motion for rehearing, that the district court was without jurisdiction to partition the land involved in this suit, as an administration was then pending in the county court of Collin county, and that court had exclusive jurisdiction.

Perforce article 3290, R. S. 1921, county courts have jutisdiction to settle, partition, and distribute estates of decedents where an administration is ponding, or where an administration is necessary, and, if appellee’s suit was one to partition the estate of which he was the administrator, appellants’…