HUGHES, Justice.
This is a partition suit between all the heirs, or their successors in interest, of J. R. Kimbrell and wife Lucy Ann Kimbrell, deceased.
Appellant, Mary Darthulia Bingham, pleaded that an oral partition had been made by the parties on or about December 9, 1947, under which certain described real estate in Concho County had been set aside to her and she prayed that this partition be confirmed by judgment.
The only issue tried below...
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