Milburn v. Wemple

This is a suit for the partition by licitation of movable and immovable property. The action is resisted on the ground that an extrajudicial and amicable partition had been previously effected. Defendants, by way of reconvention, prayed for the recognition and confirmation of said prior partition.

The court below dismissed plaintiffs’ suit and sustained defendants’ reeonventional demand. Plaintiffs have appealed from the judgment.

Plaintiffs and defendants are the heirs of the late J. Hope Phillips and of the late Walter Phillips.

At the time of his death J. Hope Phillips owned the Star…