Note by B.J. Pistillo, Jr.
Plaintiff and her sibling defendants, as the universal legatees in the succession of their mother, became owners in indivision of a tract of land and the house situated upon it. In an effort to maintain their defendant father in possession of the house and land, the sibling defendants granted him a conventional usufruct over their undivided interests in the property. Plaintiff, owner of one-quarter of the property in indivision, sued the defendants for partition by licitation. The defendants' exception of no cause of action was sustained by the trial court and the suit was dismissed. On appeal, the Louisiana Court of Appeal for the Third Circuit held that plaintiff, a full owner in indivision, was entitled to partition by licitation because the nature of her holding in full ownership gave her elements in common with all of the defendants. Devillier v. Devillier, 371 So. 2d 1230 (La. App. 3d Cir.), cert. denied, 373 So. 2d 546 (La. 1979).
About the Author
B.J. Pistillo, Jr.
Citation
55 Tul. L. Rev. 224 (1980)