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CARSON v. HAGAMAN

No. 11-91-032-CV.

824 S.W.2d 267 (1992)

Kathleen H. CARSON, et al., Appellants, v. Fred Whittington HAGAMAN, Jr., et al., Appellees.

Court of Appeals of Texas, Eastland.

January 23, 1992.

Attorney(s) appearing for the Case

George M. Adams, Kemp, W.H. Hoffmann, Jr., Hoffmann and Siebert, Eastland, J. Richard Whittington, Irving, for appellants.

John L. Oxley, Madisonville, Stanley J. Krist, Krist, Kinney & Puckett, Houston, for appellees.

OPINION

KICKENSON.Justice.

This is a partition suit where the plaintiffs filed objections to the commissioners' report. The trial court conducted a nonjury hearing without giving the 45-day notice required by TEX.R.CIV.P. 245. After the trial court entered an order adopting the commissioners' report, plaintiffs appealed. We reverse and remand.

Background Facts

M.H. Hagaman and his wife, Emma, owned the 5,421.13-acre ranch which is...

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