[Bolding added.] In Guidry v. Cheramie, 345 So.2d 157 (La.App. 1st Cir. 1977), reversed on other grounds, 354 So.2d 1280 (La. 1977), appellants sought to annul a default judgment granting a partition by licitation and a subsequent sale on the ground, among others, that the proof of ownership was insufficient. In rejecting this claim, the court in Guidry v. Cheramie, 345 So.2d at 162 observed as follows:
LSA-C.C.P. art. 2298; Baker Bank Trust Company v. Chausse, 393 So.2d 261 (La.App. 1st Cir. 1981) writ denied, 397 So.2d 1364 (La. 1981). Cf Guidry v. Cheramie, 354 So.2d 1280 (La. 1977). (Also, the defendants have failed to suspensively appeal the partition judgment and apparently have acquiesced in the distribution of the proceeds of the sale.)