Henry v. Keays
Supreme Court of Louisiana
Eastern Dist. ATPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action of nullity, to set aside a former judgment of the District Court, for want of jurisdiction. The judgment sought to be annulled, was rendered in November, 1836, in an action of partition, between the brothers and sister of a deceased sister, all of full age, to have the property of her succession divided, or partitioned by lici-tation.
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Eastern Dist. ATPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action of nullity, to set aside a former judgment of the District Court, for want of jurisdiction. The judgment sought to be annulled, was rendered in November, 1836, in an action of partition, between the brothers and sister of a deceased sister, all of full age, to have the property of her succession divided, or partitioned by lici-tation. The judgment decreed the sale of certain ■ slaves, belonging to the succession of the deceased, and the proceeds to be brought into court, to make a final partition between the…
1Opinion of the CourtBullard, J.
This is an action to annul a judgment of the District Court, on the sole ground that the court was without jurisdiction ratione materia, and that it pertained exclusively to the Court of Probates, under article 924, No. 14, of the Code of Practice.
There was judgment in favor of the plaintiff, and the defendant appealed.
Upon looking into the pleadings in the first suit, we find that the plaintiffs, Keays and wife, in the right of the latter, demand a partition of certain property, to which she asserts title, partly by inheritance from a deceased sister, and partly by donation from a co-heir.…
2Cited by6 opinions
- Fuentes v. GainesSupreme Court of Louisiana · 1873
- Levy v. HitscheSupreme Court of Louisiana · 1888
- Succession of DuplessisSupreme Court of Louisiana · 1845
- Succession of RoseSupreme Court of Louisiana · 1896
- Schick v. CorbettSupreme Court of Louisiana · 1899
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