Moore v. Dalcour
Supreme Court of Louisiana
APPEAL from the Second District Court, parish of Orleans. Tissot. . J. In the absence of forced heirs, the universal legatees are seized, of right of the estate of the deceased. It is upon their heads that all the rights of ownership and possession of the-deceased pass at the very moment of his death. It is to them that the maxim applies: “ Le mort saisit le vifBut the particular legatees do not represent the deceased.
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APPEAL from the Second District Court, parish of Orleans. Tissot. . J. In the absence of forced heirs, the universal legatees are seized, of right of the estate of the deceased. It is upon their heads that all the rights of ownership and possession of the-deceased pass at the very moment of his death. It is to them that the maxim applies: “ Le mort saisit le vifBut the particular legatees do not represent the deceased. Rev. C. 0., Arts. 940 and 1609. In intestate successions the legal heirs, whether legitimate or irregular (the latter, however, after a decree putting them in possession),…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
At a judicial sale of the property depending upon the succession of Erangois E. Dupuy, a lot of ground and improvements, situated in New Orleans, were adjudicated to Adolphe J. Lacroix, who' refused to comply with the terms of his bid, on the ground that the vendors of the late Dupuy had no legal titles to the property, and that the purchaser would be in danger of eviction-under such defective titles, whereupon the executors of the succession filed a rule for the purpose of compelling the said Lacroix to comply with the terms of the…
2Cited by15 opinions
- Jackson v. United Gas Public Service Co.Supreme Court of Louisiana · 1940
- Succession of LambertSupreme Court of Louisiana · 1946
- Succession of VillaSupreme Court of Louisiana · 1913
- Succession of WilcoxSupreme Court of Louisiana · 1928
- Gailey v. McFarlainSupreme Court of Louisiana · 1940
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