Aycock v. Kimbrough

Citations

• 71 Tex. 330
• 12 S.W. 71
• 1887 Tex. LEXIS 950

Syllabus

<p>1. Parol Partition op Land.—A parol partition of lands among joint tenants or tenants in common is not within the statute of frauds nor the statute regulating the transfer of real estate by married women.</p> <p>2. Practice.—A plaintiff failing to show any interest in lands partitioned can not complain of any error in the partition proceedings dividing such lands.</p> <p>3. Registration.—A parol partition is not affected by the registration laws. Subsequent to such partition, a levy of an execution upon lands allotted to others than the defendant in execution, would not affect the rights of those holding under the partition.</p> <p>4. Irregular Grant op New Trial.—In civil cases the district courts-have authority to set aside all orders, judgments and decrees of the term. Such judgments and order setting them aside can not have the effect of estopping the parties from again litigating the questions involved.</p>