Ark-La-Miss Timber Co., Inc. v. Wilkins

833 So. 2d 1154 (2002)

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Ark-La-Miss Timber Co., Inc. v. Wilkins

Louisiana Court of Appeal
833 So. 2d 1154 (2002)

CS

Facts

Paul Wilkins (defendant) and Ronald Lewellyan were the co-owners of 1,286 acres of land. Lewellyan transferred his ownership to Ark-La-Miss Timber Company (ALM) (plaintiff), a land and timber management company he owned. The land was essentially divided into a western and eastern half and was used by Wilkins and Lewellyan primarily for recreation. The western half was more accessible than the eastern half, with the only legal road access to the property entering into the western half. Wilkins built a cabin on a portion of the western half and ran utilities to it. There was no legal road or utilities into the eastern half of the property. ALM filed a petition seeking to partition the property. Wilkins agreed that the property should be partitioned and wanted the property to be partitioned in kind, but ALM sought partition in licitation. The trial court determined that Wilkins held separate ownership of the cabin but that the property could not be conveniently or reasonably divided; therefore, the court ordered partition by licitation. Wilkins appealed. ALM appealed the determination that Wilkins owned the cabin separately.

Rule of Law

Issue

Holding and Reasoning (Stewart, J.)

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