
    WALDMAN v. BARNGROVER et al.
    No. 3351.
    Court of Civil Appeals of Texas. Beaumont.
    Jan. 9, 1939.
    Rehearing Denied Jan. 18, 1939.
    ■ Gordon, Lawhon, Sharfstein & Bell, of Beaumont and R. E. Biggs,, of Liberty, for plaintiff in .error.
    E.'E. Pickett, Jr., of Liberty,, for defendants'in'error'.
   O’QUINN, Justice.

.¡.This, suit was.brought by Mason Barn-grpye.r against A. LI. Waldman, and the George A. Barngrover Trust Estate, of which A. J. blartel, Jr., George A. Barn-grovér and David E. O’Fiel were'Trustees, afld George A. Barngrover, Individually; sé'eMng 10 partition' certain land and the. imptovemeñts thereon, same being a portion’o'f the Jesse Devore League of land in'Liberty- County, Texas. ■

'The' case'was tried to the court and judgment rendered decreeing partition-of the property.' ’ From that judgment, plaintiff i'h'eJrbf brings this appeal.-

Plaintiff in error insists that the judgment must be reversed for want of necessary .parties defendant, that 'is because the trustees óf the trust were not made parties’ defendant to the suit, but' we h'áve 'concluded that we cannot reach that question as defendant in error Mason Barngrover has filed a motion to dismiss the appeal, which we think must be .sustained, for the reason that the judgment appealed from was not a final-judgment, it not disposing of all the parties. George A. Barngrover was made a party defendant in his individual capacity. There is a pleading in the record signed “Attys. for George A. Barn-grover”. It thus appearing that he made his appearance, the judgment should have disposed of him, but the judgment ,is silent as to him. He having been made á party defendant in his individual ■ capacity, and, as we construe the- record, having appeared, and' the judgment in no way disposing of him or any interest he may have individually had. in the property sought to be partitioned; the judgment was not final, and the motion to dismiss must be and the same is sustained, and the appeal is dismissed.

Appeal dismissed. ■  