Maguire v. Fluker

Citations

• 112 La. 76
• 36 So. 231
• 1902 La. LEXIS 173

Syllabus

<p>APPEAL — WHEN LIES — PARTITION—PBOCEDUEE.</p> <p>On Motion to Dismiss.</p> <p>1. An appeal lies at the instance of the parties cast, or either of them, from a judgment, not rendered by consent, decreeing the partition of property of which one of said parties, not a co-owner, is usufructuary.</p> <p>On the Merits.</p> <p>2. Heirs have the legal right to insist upon the partition in entirety of the property inherited by them. They cannot be forced to a partition of specific properties in successive actions.</p> <p>3. In such suit all properties, wherever situated, must be brought in for partition.</p> <p>(Syllabus by the Court.)</p>