Fowler v. Iles

KNOLL, Judge.

The issue of this appeal is whether a party-defendant can defeat a partition by licitation of immovable property by a peremptory exception of nonjoinder of an indispensable party and, if so, what proof is necessary when the status of the indispensable party rests on a question of legitimate filiation.

Andrew J. Fowler (hereafter Fowler) purchased the interests of a number of persons who inherited immovable property from Sam Deal, Sr. Those persons whose interests Fowler could not purchase were made parties-defendants (hereafter defendants) in an action to partition immovable…