Hayworth v. Williams (56 Tex. Civ. App. 179, 1909)

SPEEB, Associate Justice.

Opinion on appellant’s motion for rehearing of his motion for rendition of judgment.—We are asked by appellant to reconsider our judgment heretofore rendered overruling his motion for rendition of judgment,- wherein he agrees that judgment for one-half the land in controversy may be rendered in favor of appellee Margreth Williams, and to limit the issues upon another trial to that of partition according to the rights of the respective parties as indicated in the opinion of the Supreme Court on certified question. (102 Texas, 308.) But, while it may be true we have the power to affirm the judgment as to the issue of the validity of the marriage between appellee Margreth Williams and Thomas Jefferson, deceased, and as to the issue of the legitimacy of appellee Nettie Maloy, and to confine the inquiry on another trial to a determination of the one question of the extent of appellee’s contributions to the acquisition of the land in question, still we do not think there is any necessity for our exercising such