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TUCKER v. KELLY

Nos. CA 86 0098, CA 86 0996.

506 So.2d 730 (1987)

Sylvio C. TUCKER and Sam J. Tucker v. Harold KELLY, et al.

Court of Appeal of Louisiana, First Circuit.

April 14, 1987.

Attorney(s) appearing for the Case

Samuel C. Cashio and Richard J. Ward, Jr., Marinqouin, for plaintiffs-appellees defendants, Sylvio and Sam Tucker.

William L. Kimball, Port Allen, for Zito, Comstock, Bergeron and Edith Pearl.

William F. Wessel, Wessel, Bartels & Ciaccio, New Orleans, for Raymond Comstock and Sammy Ray Zito.

Francis A. Smith, Jr., New Roads, for Bertha M. Poirier, et al.

John Wayne Jewell, New Roads, for Rita Kelly, et al.

Before GROVER L. COVINGTON, C.J., and LANIER and ALFORD, JJ.

LANIER, Judge.

This litigation commenced with a petition for partition by licitation of immovable property located in Pointe Coupee Parish, Louisiana, filed in 1978. In 1980, judgment was rendered in the trial court ordering the property partitioned by licitation, excluding the mineral interests. No appeal was taken from this judgment, and the property was sold at public auction (Sheriff's sale) on September 3, 1980, to Sammy R. Zito and Raymond J. Comstock (two of...

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