Moseley v. Hearrell

R.N. Wood, who owned a mineral interest limited to a maximum of one well, conveyed a 49/128 interest to Lola Hearrell (defendant) and later conveyed his remaining interest to J.A.R. Moseley, Jr. (plaintiff); Moseley sued to partition the mineral estate under a Texas statute granting any joint owner an absolute right to compel partition, with partition by sale (and division of proceeds) available if partition in kind was impracticable. Hearrell argued partition would be inequitable because she could not afford to buy back her interest at a sale and Moseley was effectively trying to seize her interest, and the trial court, finding partition in kind impracticable, ordered partition by sale; the Texas Court of Civil Appeals reversed, holding Moseley needed an equitable basis for partition.