Hewes v. Baxter
Supreme Court of Louisiana
PPEAL from the Nineteenth District Court, Parish of Iberia. VoorhieSy J. Iso one can be compelled to hold property with another, unless the contrary has been agreed upon, and any one has aright to demand the division of a thing held in common by the action of partition. O. 0.1289; 43 An. 1118. All rules established in Chapter 1, Sec. 1 of C. C., except such as relate to collations, are applicable to partitions between co-owners.
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PPEAL from the Nineteenth District Court, Parish of Iberia. VoorhieSy J. Iso one can be compelled to hold property with another, unless the contrary has been agreed upon, and any one has aright to demand the division of a thing held in common by the action of partition. O. 0.1289; 43 An. 1118. All rules established in Chapter 1, Sec. 1 of C. C., except such as relate to collations, are applicable to partitions between co-owners. C. 0.1290 ; 36 An. 318. A partition may be sued for by any heirs, testamentary or ab intestato, by any universal legatee under a universal title. C. C. 1307. .The…
1Opinion of the Court
*1052The opinion of the court was delivered by
Nicholls, O. J.
This action is one for the partition of certain property, movable, immovable and credits, in the parish of Iberia,, between joint owners.
The plaintiffs are Harry Hewes, Miss Rosa Mary Leiteh and J. W. Stokoe, personally and in his capacity as natural tutor of his minor son, Neil W. Stokoe, issue of his marriage with his deceased wife, Mattie J. Stokoe.
The defendant is J. P Baxter, as tutor of the minors Baxter Milmo, Walter Milmo, Gertie Milmo and Bernard Milmo, and also as executor of the estate of Bernard B. Milmo, the father of these…
2Cited by11 opinions
- Norah v. CrawfordSupreme Court of Louisiana · 1950
- Otwell v. VaughanSupreme Court of Louisiana · 1937
- Simpson v. Kimbell Milling CompanyLouisiana Court of Appeal · 1964
- Succession of DicksonSupreme Court of Louisiana · 1954
- Aucoin v. EngeronSupreme Court of Louisiana · 1928
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