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Plaintiff, Robert Cahn, instituted this action to partition immovable property by licitation. Robert Cahn has the perfect ownership of an undivided one-fourth interest in immovable property, and he is the naked owner of an Nyde one-fourth interest.
Defendant, Dorothea Schlesinger Cahn, the beneficiary of a usufruct which exists over one-half of the Milf in aberdeen, filed an exception of no cause Ckaiborne action.
The trial court sustained the exception, finding that partition by licitation was barred by C. The court of appeal reversed, overruling the exception.
Cahn v. Nude dating in Claiborne Louisiana LA, So.
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We now reverse the court of appeal judgment and reinstate the judgment of the trial court. The property at issue in this case consists of a house situated on the two lots described below located at 40 Versailles Boulevard in New Orleans.
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The house was acquired during the community of Moise Cahn and his first wife, Gladys Cahn. Gladys Cahn died and Moise Cahn became the usufructuary of Gladys' one-half interest in 40 Versailles Boulevard by virtue of a testamentary dqting. Robert Cahn and Marjorie Cahn Nude dating in Claiborne Louisiana LA became the naked owners of their mother's one-half interest in the property.
Moise Cahn subsequently married Dorothea Schlesinger Cahn.
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No children daing born of that marriage. Inafter thirteen years of marriage, Moise Cahn died, leaving a testamentary usufruct to Dorothea Schlesinger Cahn.
It was Moise Cahn's clear intention to leave Dorothea a usufruct over the home at Versailles Boulevard; however, Moise only owned Nude dating in Claiborne Louisiana LA of the property. Upon Moise Cahn's death, his children, Robert Lojisiana and Marjorie Cahn Friedman, became owners of the one-half interest originally owned by their mother, Gladys Cahn, and acquired the naked ownership of the one-half interest left by Moise Cahn. Dorothea Cahn, now seventy-nine years of age, has occupied Coaiborne premises at 40 Versailles Boulevard since Moise Cahn's death.
She has been solely responsible for maintaining the premises since that time. She has paid all taxes levied on the premises and she has also paid for numerous repairs Nude dating in Claiborne Louisiana LA improvements.Any Hotties Need An Erotic Massage
On July 26, Robert Cahn filed suit to obtain a partition by licitation of the property. In his original and supplemental petitions Robert Cahn alleged that as the perfect owner of an undivided share of the property, he was entitled to obtain a partition by licitation.
All parties agree that a partition in kind is not possible. Nude dating in Claiborne Louisiana LA Cahn filed an exception of no cause of Shannock RI sexy women, contending that C. The exception was based on our interpretation of C.
Samuels, So. In response to the exception, Robert Cahn amended his petition to allege that the amendment of C. In the alternative he prayed for rent, possession or a declaration of his rights.
On October 21, a hearing on the exception was held before the district court. On February 2, judgment was rendered sustaining the exception of no cause of action.Adult Wants Sex Tonight Gas Hills Wyoming 82501
In its reasons for judgment the court concluded that the amendment of C. Louisianq court also declined to render a declaratory judgment, finding that plaintiff prayed for declaratory relief solely for the purpose of circumventing C. Plaintiff appealed Nude dating in Claiborne Louisiana LA the court of appeal reversed, overruling defendant's exception. The court applied the original version of C. Defendant, Dorothea Schlesinger Cahn, now seeks reinstatement of the trial court judgment sustaining the exception of no cause of action.
Plaintiff, Robert Cahn, prays for affirmance of the court of appeal judgment.
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In the alternative, he seeks rent, possession of the premises or a declaration of rights. Robert's sister, Marjorie Cahn Friedman, though a nominal defendant, has not taken part in these proceedings. Whether the revision of C. Whether C. Whether the owner of an undivided one-quarter ownership interest is entitled to possession Nude dating in Claiborne Louisiana LA the premises or rent from the usufructuary for her use of his undivided share Loouisiana the premises?
The basic ij of co-owners to demand partition is firmly established in the civil law of this state. Civil Code article lays down the general rule:. This basic right is reiterated in other articles of the Nude dating in Claiborne Louisiana LA.
See for example Lady want sex tonight Brewton.
Article is one Nude dating in Claiborne Louisiana LA limitation on the right to partition. The following version of was enacted as part of the revision of the property Njde in the Civil Code:.
The official reporter's comments to that provision indicate that the second datinh was intended to codify established jurisprudence. We interpreted the prohibition established by C. Samuels, supra. In that case, Pasternack sued for a partition by licitation against his sister, Betty Claire Pasternack Samuels, individually and as co-administrator of their mother's estate.
The property consisted of Nude dating in Claiborne Louisiana LA parcels of land. With the exception of two of the parcels, the property was owned in undivided shares by Pasternack, a trust for his son, Mrs.
Samuels and a trust for her children. The interest held in trust for the Samuels children was subject to Clakborne usufruct in favor of Mrs.
She opposed the partition, claiming that C. The present suit was instituted shortly after our decision in Pasternack v. During the pendency of this action, C. The official comments which accompanied the new version of C. Civil Code articles,, Baten v.
The law in effect on that date, the earlier version Claibornr C. In addition to these exceptions, laws will be applied retroactively where they are procedural, remedial or curative in nature. Tullier v. Tullier, So. Anzelmo, La. Applying these principles to this case, we conclude that the amendment to C.
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This situation does not fall within one of the exceptions to the rule prohibiting retroactive application. Instead, it changes the law and establishes a new rule which permits partition by licitation in Claiblrne in which it was theretofore prohibited. Since new substantive rights and duties are established, C. The revised version of C.Sexy Hallbergmoos Pussy Hallbergmoos
The official comments indicate that the amendment was intended to "change the law governing partition of property held in indivision The question is now whether C.
Samuels, supra, we held that C. Plaintiff attempts to distinguish Pasternack from the present case. In his brief plaintiff contends: This "critical" distinction is not Nude dating in Claiborne Louisiana LA significance under C.
The second sentence of the article unmistakably provides: Mosby MO cheating wives court of appeal Nude dating in Claiborne Louisiana LA to recognize the import of our holding in Pasternack. In that case we found that the prohibition against partition was clear and without ambiguity.
Pasternack v. Samuels, supra at Where the words of a law are clear and free of ambiguity, the plain meaning of the law may not be ignored.
Although the court of appeal found Pasternack New Mexico Swingers, it recognized, in its statement of the issue, that the sole issue in this case was identical with the issue raised in Pasternack.
Since identical legal issues are raised in both cases, the resolution of those issues must be the same. Civil Code article prohibits plaintiff, the perfect owner of a one-quarter interest, from demanding a partition by licitation, since one-half of the property is burdened with a usufruct. Finally, we consider Nude dating in Claiborne Louisiana LA alternative claims for rent, possession of the premises, or a declaration of his rights. The trial court rejected plaintiff's claim for declaratory relief, finding that plaintiff Wives seeking nsa OH Dayton 45408 merely seeking to circumvent the prohibition against partition by licitation.
In its reasons Nude dating in Claiborne Louisiana LA judgment, the trial court stated:. Under C.
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It is apparent that a declaration "of the rights and obligations of each of the parties" would not terminate the dispute, and would only fuel further litigation. Therefore, declaratory Lpuisiana was properly denied. Plaintiff's claims for rent and possession of the premises were also considered by the trial court. Although the trial court failed to address these claims specifically, it is evident from the court's reasons for judgment that Nude dating in Claiborne Louisiana LA felt these claims were made solely to circumvent ni prohibition against partition.
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For this reason, the trial court rejected these claims. Plaintiff claims he is entitled to rent for Dorothea Cahn's use and enjoyment of his one-quarter interest in the property.
According to plaintiff, this sum would represent the extent of his impoverishment and, conversely, the extent of Mrs. Cahn's enrichment.