McCALEB, Justice.
This suit was instituted by Alvin Babineaux, his brothers and sisters, and the four children of a deceased brother, against Nolton Babineaux, another brother, for a partition in kind of 33 acres of land located in Section 24 of T. 7 So. of R. 1 E., Acadia Parish, which is owned in common by the plaintiffs and defendant as heirs of their father and grandfather, Louis S. Babineaux, said property having constituted a part of his separate estate.
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