Rhodes v. Cooper

Citations

• 118 La. 299
• 42 So. 943
• 1907 La. LEXIS 715

Syllabus

<p>1. Partition — Drawing of Lots — Necessity.</p> <p>The drawing- of the lots is an essential formality in a judicial partition in which a minor is interested; and the failure to observe this formality renders the partition merely provisional.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 38, Partition, § 281.]</p> <p>2. Same — Provisional Partition.</p> <p>The effect of a provisional partition is to give to the parties the right to the fruits of the things which have fallen to them respectively.</p> <p>3. Same — Definitive Partition — Prescription.</p> <p>Where a partition is thus provisional, because of a minor having been interested and of the forms of law not having been complied with, the action of the minor for a definitive partition is prescribed by either five or ten years from emancipation or majority.</p> <p>(Syllabus by the Court.)</p>