Holmes v. Hemken
Supreme Court of Louisiana
Appeal from the District Court of Ouachita, Curry, J. The interest of the tutrix and co-tutor being opposed to that of the minor, it was the duty of the under-tutor to act. Civil Code, art. 301. Chisholm v. Skillman, 2 La. 144. 11 La. 189. McGuire, Curator, v. Ross, Tutrix, 12 lb, 575. 6 lb. 484.
1Opinion of the CourtMorphy, J.
The plaifitiff, as under-tutor of the minor Nancy Miriam Evans, prosecutes this appeal from a judgment dissolving an injunction he had obtained to prevent the sale of two negroes, seized at the suit of the defendant, Bernard Hemken, against James Killam, on the ground, that these slaves belonged to the minor. The material facts shown by the record are : That the mother and natural tutrix of Nancy Miriam Evans, who had intermarried with James Killam, was, on the 17th of November, 1835, appointed tutrix, and her husband co-tutor to the said minor, by a family meeting. That in April, 1841, the…
2Cited by6 opinions
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- Eagan v. BellSupreme Court of Louisiana · 1858
- Peaslee-Gaulbert Co. v. TurnerLouisiana Court of Appeal · 1925
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