Court of Appeals of Texas June 29, 1972, No. 15928 (Wishard v. Kuehn)

COLEMAN, Justice.

This is an appeal from a judgment entered in a partition suit. The questions to be determined are (1) the effect to be given to the judgment of the Court of Civil Appeals rendered on a prior appeal in this case, and (2) whether the trial court erred in denying appellants a jury trial.

This suit was instituted by certain children of Gustave G.