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WHEELER v. PHILLIPS

No. 03-10-00221-CV.

WILLIAM CODY WHEELER, Appellant, v. HOWARD L. PHILLIPS (AS INDEPENDENT EXECUTOR OF THE ESTATE OF FREDDIE LEE PHILLIPS, DECEASED); MICHAEL BALL (AS INDEPENDENT EXECUTOR OF THE ESTATE OF JAMES ROBERT BALL, DECEASED); FLOYD BROWN; CONSTANTINE SHAH; THEODORE ALVERSON; JAMES ALVERSON; EBONY HARRIS; AND THE UNKNOWN HEIRS OF BEN JONES, SR., FRANCIS WALLACE JONES, JORDAN JONES, RUBY HOUSTON, RUSTY MEEKS AND JOSIE MATTHEWS JONES, Appellees.

Court of Appeals of Texas, Third District, Austin.

Filed: July 28, 2011.

MEMORANDUM OPINION

MELISSA GOODWIN, Justice.

This suit involves the partition of 82.201 acres of real property located in Bastrop County (the "Property"). See Tex. Prop. Code Ann. § 23.001 (West 2000); Tex. R. Civ. P. 756-771.1 After several hearings, the trial court found that the Property was not susceptible to fair and equitable partition in kind and signed a decree of partition by sale....

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