Jewett v. Scott

• Decision Date: 01 January 1857
• Citation: 19 Tex. 567
• Parties: SAMUEL G. JEWETT v. TILFOURD SCOTT AND ANOTHER.
• Court: Texas Supreme Court

19 Tex. 567

SAMUEL G. JEWETT

v.TILFOURD SCOTT AND ANOTHER.

Supreme Court of Texas.

1857.

Where the report of the commissioners of partition was objected to on the ground of inequality, and was proved to be grossly unequal, it was held that it ought to have been set aside, although there was no pretense of fraud, and no doubt the commissioners acted honestly.

Appeal from Henderson. Tried below before the Hon. John H. Reagan.

Suit in the district court for partition of a league of land. The facts are stated in the opinion.

R. A. Reeves and Henderson & Jones, for appellant.

R. F. Dunn, for appellee.

HEMPHILL, CH. J.

Samuel G. Jewett and the estate of John Brown (Red) owned jointly a league and labor of land, surveyed in two tracts on the certificate issued to John P. Lawson. Tilfourd Scott had a claim to 160 acres in one corner of the survey, which he had purchased from John Brown (Red). On suit for partition, the commissioners were required by the decree to divide the larger tract into two fair and equal portions, as respects quantity and quality, in such manner as not to interfere with Scott's survey of 160 acres, and set apart the portion including Scott's survey to the estate of John Brown (Red), and the other portion to Samuel J. Jewett. The return of the first commissioners was set aside on the ground of inequality of the division. Other commissioners were appointed, and having reported a scheme of partition, the appellant Jewett excepted to the division as unequal and unjust; that the lands assigned to Brown's estate greatly exceeded in value those allotted to the appellant; that they were unequal in value as respected soil and water, etc., etc.

On the trial of the motion to set aside the petition, William Scott swore that he was well acquainted with the lands divided; that he had examined the land frequently, and that the lands allotted to Brown's estate were worth from fifty cents to one dollar more in value per acre than the land assigned Jewett. Hamilton Chambers testified he was well acquainted with the lands; that those allotted Brown's estate were worth from one dollar to one dollar and fifty cents per acre more in value than the other portion of the land. Travis Scott was well acquainted with the land; had lived upon a portion of it for eight years; had examined the lands assigned to each party, The portion allotted Brown's estate is worth from twenty-five to fifty cents more in value in the acre than the part allotted to Jewett. Tilfourd Scott had lived for seven years on a part of said lands. The lands allotted Brown's estate are worth about one dollar per acre in value more than the...