Succession of Heavia

LudeliNG, C. J.,

(¡Assenting. The creditor of the succession obtained a judgment against the tutrix personally, and caused certain property to *781be seized as bers, under an execution issued against her individually. Whereupon one Stanton sued out a third opposition, claiming that the property belonged to Mm. The seizing creditor, in his answer, alleged that Stanton’s title was simulated.

The only question at issue is' the title of Stanton to the property seized. The Second District Court, which is a probate court, has not jurisdiction in the ease ratione personce and ralione materice.. The…