Questão jurídica principal
Whether the federal appeal was admissible despite not naming all co-heirs as respondents
Decisão extraída
No. In a partition action, all co-heirs must be brought before the Federal Supreme Court as respondents; omitting one co-heir means the cantonal judgment has entered into force for that person and the appeal must be rejected.
Fundamentação extraída
An action for partition is directed against all co-heirs because it has constitutive effects for all heirs and concerns property held in common. The same rule applies on appeal. The court cannot add an omitted heir ex officio, and an omission is not a merely correctable misdesignation.