Vestal v. Jackson

OPINION

JAMES, Justice.

This is a suit brought by Appellees for partition of the surface estate in approximately 297 acres of land located in Leon County, Texas.

On April 4, 1979, the trial court entered its first decree in this case, finding that the surface estate was susceptible of partition in kind, that the land was of substantially equal value throughout, and that Appellees were entitled to 35/36ths of the property and Appellants were entitled to l/36th. The court ordered the property partitioned accordingly, appointing three commissioners to effectuate said order. No appeal was taken from…