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BRASWELL v. HEARTWELL

No. 11406.

234 So.2d 197 (1970)

J. V. BRASWELL et al., Plaintiffs-Appellants, v. H. J. HEARTWELL et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied April 28, 1970.

Writ Refused June 26, 1970.

Attorney(s) appearing for the Case

Hamilton & Downs, by Gayle K. Hamilton, Shreveport, for plaintiffs-appellants, J. V. Braswell and Braswell Motor Freight Lines, Inc.

Shuey, Smith & Carlton, by John M. Shuey, Shreveport, for defendants-appellants, Carl L. Morris and Continental-Emsco Co.

Tucker, Martin, Holder, Jeter & Jackson, by Robert McLean Jeter, Jr., Shreveport for defendant-appellee, World Service Life Ins. Co.

Samuel V. Prunty, Jr., Shreveport, for defendant-appellee H. J. Heartwell.

Before AYRES, BOLIN and DIXON, JJ.

DIXON, Judge.

This suit was to partition a mineral lease. The 1/6 interest of H. J. Heartwell is subject to conflicting claims by his creditors. Prior to 1965 Heartwell was the operator of the lease. In 1965 Braswell took over the operation. In the course of the operation, Braswell advanced funds to pay for Heartwell's pro rata share of the operating costs. In this action Braswell attempts to assert a privilege "for the...

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