Brewer v. Brewer

SIMPSON, Justice.

Bill in equity to sell lands for division among the joint owners and tenants in common. From a final decree adjudging that the lands could not be equitably divided in kind and ordering a sale thereof, one of the defendants has brought this appeal.

The Federal Land Bank of New Orleans was made a party defendant to the bill and by its uncontested answer was shown to be the owner and holder of a mortgage on a portion of the land. Taking this uncontroverted answer as true, the trial court very properly limited its decree to ordering a sale of the land and reserved for future…