BIRDWELL v. JEFFERY

No. 17661-CA.

486 So.2d 1094 (1986)

John Roland BIRDWELL, Plaintiff-Appellee, v. Gwendolyn Birdwell JEFFERY et al., Defendants-Appellees-Appellants.

Court of Appeal of Louisiana, Second Circuit.

April 2, 1986.


Attorney(s) appearing for the Case

Wiener, Weiss, Madison & Howell by Susie Morgan, Shreveport, for defendant-appellee-appellant Carol Birdwell Middleton.

James B. Wells & Associates, P.C. by Sam A. Smith, Bossier City, for plaintiff-appellee.

Before FRED W. JONES, SEXTON and LINDSAY, JJ.


FRED W. JONES, Judge.

A defendant co-owner of property involved in a partition suit appealed that portion of a judgment ordering a partition by licitation of a forty-acre tract, contending the trial judge erred in holding that (1) defendant had the burden of proving the tract was divisible in kind and (2) finding that the tract was not divisible in kind.

John R. Birdwell sued his two sisters, Carolyn Middleton and Gwendolyn Jeffery, and the children of a deceased...

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