State v. Pitot
Supreme Court of Louisiana
On the refusal of the judge of probates to deliver to Jackson’s curator, the notes arising from the sale of certain slaves belonging to the succession, the'latter applied for a mandamus nisi; in answer to which, and as grounds for his refusal, the judge alleged: 1. That the curator had been ordered to render an account of his administration, and had failed to do so: 2. That he resided out of the state : and 3d.
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On the refusal of the judge of probates to deliver to Jackson’s curator, the notes arising from the sale of certain slaves belonging to the succession, the'latter applied for a mandamus nisi; in answer to which, and as grounds for his refusal, the judge alleged: 1. That the curator had been ordered to render an account of his administration, and had failed to do so: 2. That he resided out of the state : and 3d. That he had been charged by a mortgagee creditor, with mismanaging the affairs of the succession.
1Opinion of the CourtPorter, J.
A mandamus is applied for, to compel the judge of pro*267bates, to direct the Register of Wills to deliver over to the curator of the estate, the notes and obligations which were received for the sale of the property belonging to it.
Eastern District, March 1831.
To the rule requiring this to be done, or to shew cause for the refusal, the judge has assigned several reasons.
A mortgagee creditor of the succession, to a large amount, opposed the delivery in the court below; alleging, that the curator resided out of the state-that he was mismanaging the affairs of the estate; and that he had been…
2Cited by2 opinions
- Milliken v. RowleySupreme Court of Louisiana · 1842
- McComas v. RonquilloSupreme Court of Louisiana · 1849