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ROBERTS v. PHILPOT

No. 406.

435 S.W.2d 614 (1968)

Lillie ROBERTS et al., Appellants, v. Lizzie PHILPOT, Individually and as Independent Executrix of the Estate of Savannah Garner, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

December 12, 1968.

Attorney(s) appearing for the Case

Saunders & Caldwell, J. Byron Saunders, Tyler, for appellants.

Smith & Smith, Troy V. Smith, Tyler, for appellee Lizzie Philpot, individually and as independent executrix of the Estate of Savannah Garner, deceased.

MOORE, Justice.

This appeal involves a contest to a report of commissioners appointed by the court in a partition suit.

Appellants, Lillie Roberts and husband, Milam Roberts, and Earl Garner filed suit for partition against appellees, Lizzie Philpot, Callie Garner and Reedy Garner, alleging that said parties were heirs and joint owners of approximately 267 acres of land which all the named parties inherited from their parents, W. M. Garner and wife, Savannah...

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