Hardin v. Eubank

CULVER, Justice.

This is an appeal from a judgment which, decreed a partition in kind of both the surface and minerals of a 150 acre tract of land located in Jack County. The suit was brought in behalf of Gerald E. Eubank and five others against Clifford B. Hardin and nine others, praying for a partition by sale and distribution of proceeds, or, in the alternative, for a partition in kind.

Appellants assert that the judgment is not supported by the pleadings or the evidence, and that the mineral estate is not susceptible of partition in kind with the owners of the surface rights because there…