Houston v. Blythe

Citations

• 71 Tex. 719
• 10 S.W. 520
• 1888 Tex. LEXIS 1214

Syllabus

<p>1. Partition—Decree.—On the coming in of a report made by commissioners in partition, which is not approved, others may be appointed by a decree prescribing more specific instructions as to the manner of effecting the partition, when the rights of the parties in interest, as settled by the original decree which determined such rights are not affected.</p> <p>• 2. Same.—The words “several tracts or parcels,” as used in article 3475, Revised Statutes, do not have the same meaning as the word ‘ ‘shares,” as used in article 3476. Each share may be composed of several of the tracts or parcels into which, in the description of the commissioners, the land may be divided, and the parcels finally set aside to the individuals entitled to partition may not be contiguous.</p> <p>3. Same.—The statutory instructions as to the method of making partition must be understood as entering into and forming apart of every decree directing partition to be made, though not expressed therein, when there is nothing contained in the decree to the contrary.</p> <p>4. Same.—When in making partition, the requirements of article 3477, Bevised Statutes, can not be literally observed on account of the inequality of the shares of the distributees. The spirit of the statute may be complied with by determining by lot the parcels necessary to make shares.</p> <p>5. Assignment of Error.—An assignment of error that “the court erred in its judgment in confirming the report of commissioners herein because said judgment is contrary to the law of the case and against evidence heard upon the trial hereof,” is too general to receive consideration.</p>