Rochereau v. Maignan
Supreme Court of Louisiana
APPEAL from the Second District Court, parish of Orleans. Tissot, J. Charles F. Claiborne, for plaintiff and appellee, contended : First — That no one can be compelled to hold property in common with another. C. C. 1284. Each coproprietor has a right to a partition* which is made either in kind, when the property is susceptible of a division into parts, or by licitation, when the thing cannot be divided. Second — That a judgment is not1 susceptible of division.
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APPEAL from the Second District Court, parish of Orleans. Tissot, J. Charles F. Claiborne, for plaintiff and appellee, contended : First — That no one can be compelled to hold property in common with another. C. C. 1284. Each coproprietor has a right to a partition* which is made either in kind, when the property is susceptible of a division into parts, or by licitation, when the thing cannot be divided. Second — That a judgment is not1 susceptible of division. One of the first principles we learn is: that a judgment is one and indivisible. Succession Bougére, 28 A. not yet reported; 10 A.…
1Opinion of the Court
The opinion of the court was delivered by
DeBlanc, J.
Mrs. Lobit died, leaving as her legal representatives •three children who have attained their majority, and two grandchildren, who both are under age. Her daughter Nellie, and John Pemberton, 4he husband of said Nellie, were appointed as joint administrators of her succession, and — as such — obtained against Jules Maignan, a son-in-law of the deceased, a judgment for ten thousand dollars in principal.
Henry, one of the legal representatives of Mrs. Lobit, transferred to A. Rochereau — for two hundred and fifty deliars — his interest in that…
2Cited by3 opinions
- Doll v. DollSupreme Court of Louisiana · 1944
- Maguire v. FlukerSupreme Court of Louisiana · 1902
- Couret v. CouretSupreme Court of Louisiana · 1944