Succession of Richmond
Supreme Court of Louisiana
APPEAL from tbe Sixth District Court, Parish of Morehouse. Brigham, J. An unliquidated claim may be urged by way of opposition to administrator’s account. 10 L. 358 ; 10 An. 224 ; 29 An. 493. Compensation can only be plead when defendant’s claim is as equally liquidated as plaintiff’s. 1 Hennen, p. 254, § 5. Oral evidence is admissible to prove that deceased admitted that he owed a debt; this evidence, when admitted, cannot have the effect to interrupt prescription, it only…
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APPEAL from tbe Sixth District Court, Parish of Morehouse. Brigham, J. An unliquidated claim may be urged by way of opposition to administrator’s account. 10 L. 358 ; 10 An. 224 ; 29 An. 493. Compensation can only be plead when defendant’s claim is as equally liquidated as plaintiff’s. 1 Hennen, p. 254, § 5. Oral evidence is admissible to prove that deceased admitted that he owed a debt; this evidence, when admitted, cannot have the effect to interrupt prescription, it only proves the indebtedness. “When an administrator allows an account, prescription is interrupted. 30 An. 853, 1071. One…
1Opinion of the Court
The opinion of the Court was delivered by
PoCHls, J.
The provisional account filed in this succession on the 5th of May, 1881, was met by numerous oppositions from creditors, some of whom complained of being omitted from the account, and others averred that the administratrix had failed to charge herself with rent for a plantation belonging to the succession, and with other items of credit accruing to the estate, to he hereinafter enumerated.
The most serious complaint was directed against the allowance of two items, $950 and $200 and interest, to T. W. and Gr. A. Scott, for *860moneys alleged to…
2Cited by3 opinions
- Succession of BonnetteSupreme Court of Louisiana · 1937
- Eby v. McLainSupreme Court of Louisiana · 1909
- Vidrine v. DeshotelsSupreme Court of Louisiana · 1923