¶1In this action plaintiff, claiming to be a creditor of the community which formerly existed between Peter Schulz (plaintiff’s son) and his divorced wife, seeks (1) to annul a judicial sale of immovable property made pursuant to a judgment which ordered partition by licitation and (2) to declare that the ownership of the property was still in Schulz and his former wife, subject to plaintiff’s mortgage which was executed and recorded after the judicial sale. The trial court dismissed the nullity suit on an exception of no cause of action, and plaintiff appealed.
¶2The petition for nullity alleges the following facts, which we accept as true: On October 14, 1969 Schulz and his wife were divorced by judgment of the Civil District Court for the Parish of Orleans in Suit No. 465-498.
¶3Plaintiff’s attack on the validity of the judicial sale is based on the argument that the parties became co-owners of the property upon rendition of the judgment of divorce and C.C.P. art. 4603 limits venue in a suit for partition between co-owners to the parish where the immovable property is situated.
¶4C.C.P. art. 44 provides that objections to venue are waived when the defendant fails to plead the declinatory exception timely. The article does specify certain cases in which venue is jurisdictional and may not be waived, but none of the enumerated exceptions are applicable here.
¶5The defendant in the partition suit apparently failed to object timely to the venue.
¶6The judgment is affirmed.
¶7AFFIRMED.
¶8. Some of the dates stated in the petition are incorrect, but for purposes of this opinion we use the admittedly correct dates which appear elsewhere in the record and the briefs.
¶9. There is no allegation in the petition for nullity that the partition proceeding was not commenced with a petition, followed by citation and service, answer, and judgment after trial.