Hoover v. Materi

OPINION

OSBORN, Justice.

This case concerns the division of the proceeds of a Sheriff’s sale between owners of property sold because the property was incapable of division in kind between tenants in common. The trial Court ordered the proceeds of the sale divided equally and we affirm that part of the judgment.

This case has been before this Court on two other occasions. Spires v. Hoover, 466 S.W.2d 344 (Tex.Civ.App.—El Paso 1971, writ ref’d n. r. e.); and Hoover v. El Paso National Bank, 498 S.W.2d 276 (Tex.Civ.App.—El Paso 1973, writ ref’d n. r. e.). The trial Court judgment of April 3, 1972,…