Cahn v. Cahn

WARD, Judge.

This is an appeal from a judgment sustaining an exception of no cause of action in a suit to partition immovable property by licitation. The Trial Court held that Louisiana Civil Code Article 543, as it read in 1978, prohibited an owner of an undivided interest in full ownership from seeking partition by licitation where the property is subject to a usufruct. We reverse, because we find no statutory prohibition against the cause of action, but more importantly, because we believe that the rights of full ownership are meaningless without the remedy of partition.

Robert Cahn filed…