Jewett v. Scott (19 Tex. 567, 1857)

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,