LONG v. HITZELBERGER

No. 5440.

602 S.W.2d 321 (1980)

B. V. LONG, Trustee, et al., Appellants, v. Robert L. HITZELBERGER, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied August 7, 1980.


Attorney(s) appearing for the Case

R. M. Rutledge, Rutledge, Rutledge & Connally, Abilene, for appellants.

Royce Adkins, Adkins, Chapman & Fouts, Haskell, for appellee.


BROWN, Justice.

The issue is whether co-owners of certain oil and gas leases are entitled as a matter of right to a partition of such leases. B. V. Long, Trustee and Tony Rothrock sued Robert L. Hitzelberger for partition alleging that the leases could not be equitably partitioned in kind and should, therefore, be sold and the proceeds divided between the parties in the proportions of their interests. Hitzelberger answered that a partition would destroy certain contractual...

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