Texas Supreme Court December 2, 1908, No. 1872. (Lindly v. Lindly)

Mr. Justice Williams

delivered the opinion of the court.

This suit was brought by plaintiff in error for partition of several tracts- of land of which he alleged he was the owner of one-half and the defendants of the other half. The defendants were his mother, Mrs. Sallie Lindly, and other children and descendants of herself and Jahu Lindly, her deceased husband.