McCullough v. Minor
Supreme Court of Louisiana
APPEAL. Rom; the; District Court of Concordia, Farrar, J. The facts of this case are stated in the opinion of the court, infra. The land sued for did not belong exclusively to the succession oí Joseph Harrison. One half belonged to his wives; and no partition could be made without making their heirs parties, by the appointment of curators for the express purpose. C. C. art. 1291. The heirs should be cited, not the administrator.
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APPEAL. Rom; the; District Court of Concordia, Farrar, J. The facts of this case are stated in the opinion of the court, infra. The land sued for did not belong exclusively to the succession oí Joseph Harrison. One half belonged to his wives; and no partition could be made without making their heirs parties, by the appointment of curators for the express purpose. C. C. art. 1291. The heirs should be cited, not the administrator. C-. P. 1024,1025. Even the names of the absent heirs are not given; nor was the counsel of the absent heirs cited.- Prescription cannot be- urged against the-…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
This is a suit to recover a tract of land in the parish of Concordia, formerly belonging to Joseph Harrison, deceased. The suit is brought ■by his heirs, and those of his first and second wives. By the first he had children ; by his second wife he had no issue. The answer sets up title in the defendant’s testator, under a sale made by the Court of Probates, on the 3d of February, 1834.
It appears that a curator of the absent heirs of the succession of Joseph Harrison was appointed by the Court of Probates of Concordia, and that, in a suit…
2Cases cited4 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- Davis's Heirs v. ElkinsSupreme Court of Louisiana · 1836
- Beard v. MorancySupreme Court of Louisiana · 1842
- State v. PrendergastSupreme Court of Louisiana · 1837
3Cited by6 opinions
- Simmons v. SaulSupreme Court of the United States · 1891
- Davis v. GainesSupreme Court of the United States · 1881
- Cordill v. Quaker Realty Co.Supreme Court of Louisiana · 1912
- González v. AngladaSupreme Court of Puerto Rico · 1925
- Torres del Valle v. Caguas Sugar Co.Supreme Court of Puerto Rico · 1929
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