Eddins v. Salassi

PONDER, Judge.

This is a suit for partition by licitation. Defendant appealed suspensively from a default judgment.

The only issue is whether plaintiff sufficiently proved that he was entitled to a partition of the property by licitation.

We reverse.

Plaintiff alleged that he was the owner of an undivided five-sixths interest in a tract of land in St. Tammany Parish; that the defendant owned the other undivided one-sixth interest; that the property was insusceptible of division in kind because of its peculiar shape; and that plaintiff and defendant were unable to agree on a nonjudicial partition…