Mitchell v. Cooper’s Empirical Analysis
2013
Citation profile
1 state decisions
Relationships
Relies on Green v. Small · 406 So. 2d 205 - Tri-State Concrete Co., Inc. v. Stephens · 833 So. 2d 1154 - Ark-La-Miss Timber Co., Inc. v. Wilkins · 395 So. 2d 894 - Tri-State Concrete Co., Inc. v. Stephens · Entrada Co. v. Unopened Succession
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The burden of proof is on the party-seeking partition by licitation to prove that the property cannot be divided in kind. Tri-State Concrete Co. v. Stephens, 406 So.2d 205 (La.1981). The general rule is that partition in kind is favored over partition by licitation. Tri-State Concrete, supra. Except as otherwise provided by law, or unless the property is indivisible by nature or cannot conveniently be divided, the court shall order the partition to be made in kind. La. C.C.P. art. 4606. Property cannot be conveniently divided when the division would result in a diminution of its value, or loss or inconvenience to one of the owners. Entrada Co. v. Unopened Succession, 38,800 (La. App.2d Cir.9/22/04), 882 So.2d 661 . The decision of whether land should be divided in kind or by licitation is a question of fact to be decided by the trial court. Green v. Small, 227 La. 401 , 79 So.2d 497 (La.1955).”
1 later decision quote this exact passage“|sThe court shall decree partition in kind when the thing held in indivisión is susceptible to division into as many lots of nearly equal value as there are shares and the aggregate value of all lots is not significantly lower than the value of the property in the state of indivisión.”
1 later decision quote this exact passage“When the thing held in indivisión is not susceptible to partition in kind, the court shall decree a partition by licitation or by private sale and the proceeds shall be distributed to the-co-owners in proportion to their shares. 6”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.