Todd Ex Rel. Todd v. Stokes

Action to partition land in Webster County; the answer alleged that plaintiff had no title or interest in the land and was "not entitled to file this partition suit." The venue was changed to Dallas County; the court found to the effect that plaintiff had an undivided one-third interest in the land; entered an interlocutory decree for partition, but found that the land should not be partitioned in kind and ordered sale, subject to two mortgages mentioned, and that the proceeds be apportioned. Defendants appealed.

Only two assignments of error are made: That the court erred in failing to…