Pearce v. Ford
Citations
- 124 La. 851
- 50 So. 771
- 1909 La. LEXIS 554
Syllabus
<p>1. Partition (§ 4*)-4Eeeect.</p> <p>The language of an act of partition by heirs that the heirs respectively sell to each other the portions falling to them in the partition, and that the consideration of the sale is the amount of the purchasers’ interest in the estate of their deceased ancestor, shows a mere partition, and not a sale.</p> <p>2. Adverse Possession (§ 75*) —Basis for Prescription — Partition.</p> <p>A partition is merely declamatory and not translative of ownership and cannot serve as a basis for prescription.</p> <p>3. Abandonment (§ 4*) — Acts Constituting —Silence.</p> <p>Mere silence does not bring- about the loss of title to real estate except in connection with prescriptions established by law.</p> <p>4. Real Actions (§ 8*) — Petitory Actions— Judgment.</p> <p>The court, in a petitory action by some of the heirs of a decedent against other heirs to recover an interest in real estate of decedent, cannot, on giving judgment for the interest claimed, adjudge that the taxes and improvements are equal to the revenues, as the proper time for the determination of that matter is on a general settlement among the heirs.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Courts are particularly reluctant to require a nonparty to provide discovery that can be produced by a party.”
- “Courts are particularly reluctant to require a nonparty to provide discovery that can be produced by a party.” (citing Dart Indus. Co. v. Westwood Chem. Co., 649 F.2d 646, 649 (9th Cir. 1980))
- first citing Dart Indus. Co. v. Westwood Chem. Co., 649 F.2d 646, 649 (9th Cir. 1980); and then quoting standing to challenge a subpoena issued to third parties where its own interests may be implicated.”58 IV. Appointment of Discovery Masters Pursuant to 28 U.S.C. § 636(b)(1
Source: CourtListener parenthetical corpus (CC0).
Judges: Provosty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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