Legal Opinion · Dissent

Jeter v. McGraw

Texas Court of Appeals, 9th District (Beaumont)

Decided March 22, 2007No. 09-05-319 CVPublished

1DissentDavid Gaultney, Justice

This is a dispute over ownership and partition of land. The district court has subject matter jurisdiction. See Gordon v. Jones, 196 S.W.3d 376, 381-82 (Tex.App.-Houston [1st Dist.] 2006, no pet.). No estate is under administration by a probate court. See Schuld v. Dembrinski, 12 S.W.3d 485, 487 (Tex.App.-Dallas 2000, no pet.); compare Saenz v. Saenz, 49 S.W.3d 447, 449 (Tex.App.-San Antonio 2001, no pet.). The district court may determine heirship in the exercise of its authority to decide the ownership interests in the land and partition the property. See Garza v. Rodriguez, 18 S.W.3d 694,…

2Cases cited7 opinions

  1. Gordon v. Jones, Texas Court of Appeals, 1st District (Houston)2006
  2. Garza v. Rodriguez, Texas Court of Appeals, 4th District (San Antonio)2000
  3. Schuld v. Dembrinski, Texas Court of Appeals, 5th District (Dallas)2000
  4. Wells v. GrayCourt of Appeals of Texas · 1951
  5. Trevino v. LermaCourt of Appeals of Texas · 1972

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