Rogers v. Cockrell

Opinion op the Court by

Judge Cammack

Affirming.

Some of the heirs of Ella Cockrell and a creditor brought this action against the remaining heirs and another creditor to settle the estate of the decedent, and to sell the real property on the ground of its indivisibility. The allegations of the petition were such that the cause could have been prosecuted either under Section 428 of the Civil Code of Practice, or Subsection 2 of Section 490 thereof. Intervening petitions were filed by creditors of some of the heirs with the view of subjecting their interests to the claims of the intervening…