Texas Appellate Court Affirms Partition in Kind Under Uniform Partition of Heirs' Property Act Despite Unclean Hands and Easement Claims

The Texarkana Court of Appeals affirmed a partition in kind of 162.44 acres in Panola County after co-tenants Evans and Rossi acquired undivided one-third interests from the appellant's sisters and sought partition under the Uniform Partition of Heirs' Property Act, with the property valued at $605,619.00 based on a $570,000.00 land appraisal and $35,619.00 timber valuation. Atkinson, appearing pro se after three counsel withdrew, challenged the partition on unclean hands grounds related to an alleged unauthorized $37,000 Silver Hill Energy Partners pipeline easement, but failed to preserve the issue or introduce alternate valuation evidence.