Kelly v. Kelleher

FOURNET, Justice.

Plaintiff, Jerome L. Kelly, brought this suit against his coheirs to effect a partition by licitation of certain property they acquired by inheritance from their late father and mother, Thomas J. Kelly and Mrs. Theresa F. Kelly. From the judgment of the district court ordering such a partition, this appeal is prosecuted.

Upon the death of their father, Thomas J. Kelly, the ownership of the property in controversy was vested jointly in the widow and heirs as follows: One-half in Mrs. Theresa F. Kelly, the surviving widow in community, and the other one-half, subject to the…