Fluker Farms, Inc. v. James

FOURNET, Chief Justice.

We granted certiorari in this case to •review the judgment of the Court of Ap-peal, First Circuit, dismissing the defendant’s appeal following plaintiff-appellee’s motion to dismiss on the ground that, the .appeal being devolutive, the judgment sought to be appealed has long since become •executory and power to prevent execution thereof has been lost.

The suit is one for partition by licita-tion of a certain five-acre tract of land in 'Tangipahoa Parish, the plaintiff claiming ownership of a two-thirds interest therein, .and alleging defendant’s ownership of the…