HAAS v. REESE

1 Citing case

  1. Amerada Petroleum Corporation v. Reese

    196 So. 558 (La. 1940)   Cited 31 times
    In Amerada Petroleum Corporation v. Reese, 195 La. 359, 196 So. 558 (1940), plaintiff, as holder of a mineral lease from several of numerous co-owners, sued to set aside a partition of the property on the ground plaintiff, a necessary party to the partition suit, was not joined therein.

    The cases, for purposes of trial, were consolidated. The record further reveals that of the twenty-three living descendants and heirs of the deceased, seven have not signed either the leases or royalty deeds acquired by the plaintiff and W.D. Haas, Jr. 195 La. 376. Under the express provisions of the Revised Civil Code and the jurisprudence of this state, no one can be compelled to hold property in indivision with another, and, for this reason, each of the co-owners is given the absolute right "* * * unless the contrary has been agreed upon * * * to demand the division of a thing held in common, by the action of partition."