Lamotte v. Martin

Citations

• 52 La. Ann. 864

Syllabus

<p>Syllabus.</p> <p>1. Where a party is decreed the owner of property, it follows logically and legally that he or she is entitled to possession thereof, in the absence' of a showing of a legal right of possession in another.</p> <p>2. Supposing collation to be due, the donee of property is entitled to retain pos session of the immovable pending settlement of the rights of forced heirs among themselves.</p> <p>3. Collation is an incident to the action of partition of succession property among the heirs, and the proper place for the inquiry to be. gone into,' and proceedings had in relation thereto, is the succession itself.</p> <p>4. where a plaintiff succeeds in her demand, even in part, against both of two defendants, the latter owe costs in solido.</p>