
    No. 6497.
    John A. Morris et al. vs. J. L. Lalaurie et als. J. L. Lalaurie vs. John A. Morris. Consolidated.
    1. A co-proprietor seeks to establish in this case, not only his right to a partition, but, in order that Ms own rights and those of his co-proprietors may be judicially recognized, he asks the Court to decide upon the claims of himself and the others who claim an interest in the property, in order to fix the true ownership of his co-proprietors, and thus enable Mm to obtain a decree which would make valid and binding the proceedings had to effect the partition. In such a case, there is no inconsistency in coupling his demand of a petitory character with that for a partition, and thereby avoiding a multiplicity of suits.
    2. None of the parties having made any objection to the terms of sale fixed by the Court upon the suggestion of the plaintiff in the partition suit, their silence was properly construed by the Court into an assent to such terms, which are, therefore, binding upon all.
    3. This Court having' decided that Mrs. G-orodias had no legal right to the two mortgage notes of J. L. Lalaurie, lier assignee and subrogee, John A. Morris can have no more or better rights in the premises than she could have herself.
    APPEAL from the Fifth District Court for the Parish of Orleans. F. Worth Gullom, J.
    
      B. It. Forman, for John A. Morris.
    
      Bornor and Benedict, for Alfred Marchand.
    
      F. Michinard, for J. L. Lalaurie.
   The opinion of the Court was delivered by

Levy, J.

Mr. Justice Fenner recuses himself, having been of counsel in the case.  