Smith v. Sinnott
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans.. Monroe, J. By tho laws of Louisiana a commercial partnership can not own immovable property; the partners are joint owners. 3 La. 394; 28 An. 419; McKee vs. Griffin, 10 La. 420; 7 M. 244; Louque Dig., p.511; 3 Rob. 3D6; Thomas vs. Scott,. n>. 313, 4S4, 44; R. C. C. 2880, 2881. "Whore the deceased was in community or partnership with any one who has survived him, it is the duty of the executors to sue for a…
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APPEAL from the Civil District Court for the Parish of Orleans.. Monroe, J. By tho laws of Louisiana a commercial partnership can not own immovable property; the partners are joint owners. 3 La. 394; 28 An. 419; McKee vs. Griffin, 10 La. 420; 7 M. 244; Louque Dig., p.511; 3 Rob. 3D6; Thomas vs. Scott,. n>. 313, 4S4, 44; R. C. C. 2880, 2881. "Whore the deceased was in community or partnership with any one who has survived him, it is the duty of the executors to sue for a partition. Arts. 1135, 1136, R. C. C.; 3 Rob. 44, 368; Succession Blanche Dumestre, 42 An. 411, and • authorities cited in…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This is a proceeding by rule, taken on the part of plaintiffs in the suit entitled Thomas Smith and Executors of Charles Smith vs. James B. Sinnott, it being a suit for the partition of the property situated at the corner of Perdido and Howard streets, in the city of New Orleans, to compel Thomas Eagan, purchaser, to take title thereto — same having been adjudicated to him at the price-of $8000.
The two grounds of objection urged to the title are (1) that all parties in interest were not cited as defendants in said partition suit:, *52and (2)…
2Cases cited3 opinions
- Howell v. M'CoySupreme Court of Pennsylvania · 1832
- Daquin v. CoironSupreme Court of Louisiana · 1832
- Baca v. RamosSupreme Court of Louisiana · 1836
3Cited by8 opinions
- St. Martin Land Co. v. PinckneySupreme Court of Louisiana · 1947
- Fabacher v. FabacherSupreme Court of Louisiana · 1949
- Quinette v. DelhommerLouisiana Court of Appeal · 1964
- Johnston v. BurtonSupreme Court of Louisiana · 1942
- Kelly v. KelleherSupreme Court of Louisiana · 1936
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