Roberts v. Philpot

MOORE, Justice.

This appeal involves a contest to a report of commissioners appointed by the court in a partition suit.

Appellants, Lillie Roberts and husband, Milam Roberts, and Earl Garner filed suit for partition against appellees, Lizzie Phil-pot, Callie Garner and Reedy Garner, alleging that said parties were heirs and joint owners of approximately 267 acres of land which all the named parties inherited from their parents, W. M. Garner and wife, Savannah Garner, deceased.

After a trial before the court, sitting without a jury, judgment was entered finding that the land was capable of…