Rightor v. De Lizardi

The judgment

of the court (Slidell, J. not sitting on account of relationship to one of the parties,) was pronounced by

King, J.

Tlie plaintiffs allege themselves to be the owners of a large tract of land, in partnership with the defendants, and have instituted tins suit for a partition. The defendant Slidell alone opposed the action. A judgmeat was rendered in the court below in accordance with the prayer of the plaintiffs, and the defendant, Slidell, has appealed.

An insuparable objection presents itself to our affirming the judgment appealed from. Rightor and wife claimed three-ninths of the…