FOURNET, Chief Justice.
We granted certiorari in this case to review the judgment of the Court of Appeal, First Circuit, dismissing the defendant's appeal following plaintiff-appellee's motion to dismiss on the ground that, the appeal being devolutive, the judgment sought to be appealed has long since become executory and power to prevent execution thereof has been lost.
The suit is one for partition by licitation of a certain five-acre tract of land in Tangipahoa...
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