Legal Opinion

Ogden v. Leland University

Supreme Court of Louisiana

Decided November 30, 1896No. 12,216PublishedCited by 7 opinions

APPEAL from the Civil District Court for the Parish of Orleans. King, J. This is a petitory action brought by the heirs of Julia Scott Ogden, deceased wife of Judge Abner Nash Ogden, for the recovery of certain property in the parish of Orleans.

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APPEAL from the Civil District Court for the Parish of Orleans. King, J. This is a petitory action brought by the heirs of Julia Scott Ogden, deceased wife of Judge Abner Nash Ogden, for the recovery of certain property in the parish of Orleans. In the brief of plaintiffs’ counsel the action is referred to as follows : “ The action was first brought by only a portion of the heirs, but by supplemental petition; the others joined so that all the heirs now sue for the undivided half of the community formerly existing between Mrs. Ogden and Judge Ogden. It embraces two squares of ground with the…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, O. J.

Plaintiffs’ claims are that upon the death of Mrs. Ogden, in 1856, the ownership of one-half of the community property devolved eo instanti upon her heirs, subject to the payment of the community debts, and subject to the right of Judge Ogden to the usufruct during his life. That Judge Ogden and his children were therefore eo-proprietors when the attempt to foreclose the Tuyes *192mortgage was made; that the sale made under those proceedings, at which Hepp bought was an absolute nullity, as a curator ad hoe could not be appointed to…

2Cases cited2 opinions

  1. Page v. . BranchSupreme Court of North Carolina · 1887
  2. Bell v. SchwarzTexas Supreme Court · 1882

3Cited by7 opinions

  1. Suthon v. LawsSupreme Court of Louisiana · 1910
  2. Byrnes v. ByrnesSupreme Court of Louisiana · 1905
  3. Santini v. Díaz San MiguelSupreme Court of Puerto Rico · 1919
  4. George v. DelaneySupreme Court of Louisiana · 1904
  5. Delaune v. WilliamsLouisiana Court of Appeal · 1975

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