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IVANHOE CANAL CORP. v. BUNN

No. 95 CA 0143.

694 So.2d 263 (1995)

IVANHOE CANAL CORPORATION v. Patricia BUNN, Henry Haller, Jr., Margaret Crosby, The Succession of Clifford Webb, Madison Land Company, M.D.T. Partnership, James Webb, Trust Mrs. Dorthy Sharpe Milling and Texaco, Inc.

Court of Appeal of Louisiana, First Circuit.

Writ Granted January 26, 1996.

September 27, 1996.

Attorney(s) appearing for the Case

Bernard F. Levy, Houma, for Plaintiff-Appellee Ivanhoe Canal Corp.

Patrick T. Caffery, David R. Dugas, New Iberia, and E.J. Gibert, New Orleans, for Defendant-Appellant Texaco, Inc.

D. Rex English, New Orleans, for Defendant-Appellee Webb Worthington Trust.

Roger R. Roy, New Orleans, for Defendants-Appellees Patricia Bunn, et al.

David Conroy, New Orleans, and Thomas C. Stewart, Lafayette, for Defendant-Appellee Dorthy Sharp Milling.

Before LeBLANC, WHIPPLE and FOGG, JJ.

Suit Dismissed by the Supreme Court September 27, 1996.

FOGG, Judge.

The salient issue in this suit for the partition by licitation of immovable property is whether LSA-C.C. art. 808 prevents the partition where one of the co-owners in indivision has a lease of adjacent, immovable property and contends it will be prevented from using the leasehold without continued access to the land and waterways which are the subject of the action for partition.

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