Legal Opinion

Farrar v. Newport

Supreme Court of Louisiana

Decided January 15, 1841PublishedCited by 1 opinion

Appeal from the court of prohates for the parish of West Feliciana. This is an action of partition. The plaintiff alleges he is a co-proprietor and owner of one undivided third part of a tract of land; and that Newport and wife, and Sarah Young, Ann F. Young and husband, and Sarah Eliza Young, a minor, are all interested and co-proprietors of the other two thirds, and that it is necessary to have a sale in order to effect a partition.

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Appeal from the court of prohates for the parish of West Feliciana. This is an action of partition. The plaintiff alleges he is a co-proprietor and owner of one undivided third part of a tract of land; and that Newport and wife, and Sarah Young, Ann F. Young and husband, and Sarah Eliza Young, a minor, are all interested and co-proprietors of the other two thirds, and that it is necessary to have a sale in order to effect a partition. The defendants were all made parties and one of them Joined in the [847] prayer for a partition. Separate answers were put in by tbe others, and various matters…

1Opinion of the CourtSimon, J.

This is an action of partition. Plaintiff, as vendee of two of the heirs and legatees of Robert Young, who left six children, represents himself to he the owner in common with all tbe other heirs of tbe deceased, (four in number,) of one undivided third of a traet of land belonging to and proceeding from tbe succession of bis vendor’s father. He prays that tbe said tract be sold, aud that tbe proceeds thereof be partitioned among tbe eo-preprietors according to their respective rights thereto.

The four defendants were all legally cited; one of them joined the plaintiff in praying for a…

2Cited by1 opinion

  1. Duggan v. de LizardiSupreme Court of Louisiana · 1843

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