
    No. 6799.
    Adolph Sickman vs. Charles A. Diamond et al.
    When one of the appellants dies pending the appeal, and appellee, suggesting his death, moves that the administrator of his succession be made a party, but offers no proof of the appointment of such administrator, and no appearance is made by him, the Court can render no valid judgment in the cause and the case will be reinstated on the docket.
    This case is taken from advisement and reinstated on the trial docket.
    The jurisdiction of an action of partition by one co-owner against another co-owner and against the succession of a third co-owner belongs to a court of ordinary jurisdiction and not to a probate court.
    The Supreme Court can receive or consider no new evidence.
    A court cannot grant a relief not prayed for in the pleadings.
    APPEAL from the Second District Court for the Parish of Orleans. Tissot, J.
    
      Uornor & Benedict for Plaintiff and Appellee.
    
      St. M. Bérault and Jas. II Grover for Defendants and Appellants.
   On Motion to Dismiss.

The opinion of the Court was delivered by

Mark, J.

On the Merits, by Poci-ité, J.  