Watson v. Succession of Barber

Citations

• 105 La. 456

Syllabus

<p>Syllabus.</p> <p>1. Where in effecting a partition by authentic act, a surviving widower in community specifically admits that the other contracting party is the son and sole heir of his deceased wife, and they reciprocally convey to each other the immovable property of the community, neither such widower, nor his heirs, can, thereafter, for the purposes of a supplemental partition, and without alleging and proving that he was deceived by fraud practiced upon him by such other party, be heard to deny the admission so made.</p> <p>2. Where an authentic act is resorted to for the purpose of effecting -a partition, and it mentions immovable property, and disposes of it, and also mentions movable property, as existing and being subject to partition, but makes no disposition of it, the partition, as effected by said act, will not be held to be complete and final. And the action for a supplemental partition, one of the parties being in possession of all the property to be affected thereby, is barred only by the prescription of thirty years.</p> <p>3. Where the parties to an agreement fail to express themselves clearly, the court must endeavor, from the aid of circumstances, and by a reasonable construction of their acts, to arrive at their meaning.</p>