Massey v. Ford

MARVIN, Judge.

After this partition action had been submitted for a decision, the trial court noticed that plaintiff had failed to join indispensable parties, dismissed the action, and later denied plaintiff’s application for a new trial, which, if granted, allegedly would have allowed plaintiff to remove or cure the defect. Plaintiff appeals. We reverse and remand. CCP 641, 646, 927, 931, 934, 1973.

Unless the contrary has been agreed, each of the co-owners of a thing has the absolute right to demand its division by the action of partition. CC Art. 1289; Fabacher v. Fabacher, 214 La. 940, 39…