Smith v. Rozelle

McDONALD, Chief Justice.

This is an appeal from a judgment sustaining defendants’ motion for an instruct ed verdict, discharging the jury, and rendering judgment for defendants. Plaintiffs sued defendants for partition of 128 acres of land in Dallas- County which had been the property of Samuel D. Smith, Sr., deceased. Plaintiff A. Merrill Smith, one of the four children, and an heir, at law, of the deceased, who died intestate on 4 July 1939, sued for partition against George F. Rozelle, Jr., and wife, Erma Smith Rozelle, Edna Smith Watson and husband, Fred Watson, and S. D. Smith, Jr. Erma…