City of New Orleans v. City of Baltimore

The right of either the City of New Orleans or the Oity of Baltimore to demand a partition of the property bequeathed to them as testamentary heirs of John McDonogh under universal title, after the lapse of five years from his death, cannot be seriously questioned. C. C. 1222, 1223, 1506; 8 Annual, 249; 16 How. 412.

Several Articles of the Civil Code must be expunged before the Society for the Relief of Orphan Boys can be heard to object to a partition between the two cities in this case.

The cities having acquiesced in that portion of the judgment which assesses the present value of the…