(tenant-in-common to property partitioned was also owner of adjacent property; no legal filings were made in partition action other than estate; after buyer had survey done indicating fence was not located properly, adjacent owner filed action to quiet title to disputed strip through adverse possession and boundary by agreement; summary judgment filed and court held for buyer finding adjacent owner who did not bring direct appeal challenging property description could not bring collateral action to partition action for description of property; adjacent owner appealed; decision affirmed by court of appeals and Supreme Court).