Callicoatte v. Callicoatte

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiff from a take-nothing judgment in a partition suit.

Plaintiff Albert Callicoatte filed suit against defendants Jewell Callicoatte and Laney Beard, Jr., for partition of 3 tracts of land in Harris County, alleging he and Jewell Callicoatte were husband and wife until 1966; that the 3 tracts were community property of himself and Jewell; that tracts A and B were in possession of Jewell, and tract C had been conveyed by Jewell to defendant Beard.

Defendants answered by general denial.

Trial was before the court without a jury which, after…