CAHN v. CAHN

No. CA-2016.

459 So.2d 731 (1984)

Robert CAHN v. Dorothea Schlesinger CAHN and Marjorie Cahn Friedman.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted February 4, 1985.


Attorney(s) appearing for the Case

Max Nathan, Jr., Isaac M. Gregorie, Jr., Sessions, Fishman, Rosenson, Boisfontaine & Nathan, New Orleans, for plaintiff-appellant Robert Cahn.

William W. Rosen, Levy, Marx, Lucas & Rosen, New Orleans, for defendant-appellee, Dorothea Schlesinger Cahn.

Before GULOTTA, SCHOTT and WARD, JJ.


WARD, Judge.

This is an appeal from a judgment sustaining an exception of no cause of action in a suit to partition immovable property by licitation. The Trial Court held that Louisiana Civil Code Article 543, as it read in 1978, prohibited an owner of an undivided interest in full ownership from seeking partition by licitation where the property is subject to a usufruct. We reverse, because we find no statutory prohibition against the cause of action, but more importantly...

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