Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener

Summary

The Texas Twelfth Court of Appeals affirmed a trial court judgment partitioning jointly owned real property in Upshur County and appointing commissioners. The court held that the trial court did not abuse its discretion by refusing to direct that an airstrip be awarded to Mondee Stracener, because conflicting testimony existed regarding who constructed and paid for the airstrip.

Holdings

1. A trial court generally may allot an improved portion of partitioned property to the co-owner who made the improvements when doing so would not prejudice the other owners, but the court is not required to do so when the evidence concerning who made the improvements is disputed.
2. The trial court did not abuse its discretion by refusing to instruct the commissioners to set aside the airstrip to Mondee because reasonable evidence supported competing accounts of its construction and ownership.

Questions Presented

1. Whether the trial court abused its discretion by refusing to direct the partition commissioners to set aside the airstrip to Mondee as part of his ownership interest.
2. Whether conflicting testimony concerning the construction and improvement of the airstrip supported the trial court's decision not to award it to Mondee.

Disposition

affirmed