Cook v. International & Great Northern Railway Co.

GARRETT, Chief Justice.

This suit was brought by the appellants, against the appellee to recover an interest in about 17 acres of land in the city of Palestine, Texas, and for partition.

The case was tried without a jury, and comes before us on the judge’s conclusions from a judgment in favor of the defendants. The conclusions of fact are as follows:

“ 1. F. S. Jackson, Sr., died, leaving as community property of himself and the widow who survived him 580 acres out of a quarter of a league of land granted to John Arthur, and other property.

“2. His will vested the Arthur tract of land in his…