Morgan v. Tutt

TALBOT, Associate Justice.

— This is a partition suit, instituted in the District Court of Ellis County between the heirs of Mary A. May-field, deceased, in which the principal controversy was and is whether a certain tract of land of 129 acres was the separate property of the said Mary A. Mayfield, or the community property of herself and her second husband, J. 0. Hicks. The case was tried by the court without a jury, and, judgment having been rendered in favor of the plaintiffs, the defendants appealed. The following facts appear:

Mary A. Mayfield was the daughter of one B. B. Tutt, of Busk…