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ELLIS v. FIRST CITY NAT. BANK

No. 12-91-00287-CV.

864 S.W.2d 555 (1993)

Billy V. ELLIS & Nancy Ellis, Appellants, v. FIRST CITY NATIONAL BANK, Trustee, et al., Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Denied October 13, 1993.

Attorney(s) appearing for the Case

Weldon McFarland, Deborah Race, Tyler, for appellant.

A.D. Henderson, James R. Paxton, Palestine, for appellee.

Before RAMEY, C.J., and BILL BASS and HOLCOMB, JJ.

BILL BASS, Justice.

This is a partition case. Appellants contend that the trial court should have ordered the subject property sold and the proceeds partitioned because the tract was incapable of being fairly partitioned in kind. Appellants also maintain that the trial court erred in apportioning the court costs in proportion to the owners' total acreage rather than the relative value of that interest. We will reverse that portion of the judgment adjudging costs and...

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