Calvit v. Mulhollan
Supreme Court of Louisiana
Appeal by the plaintiffs from a judgment of the District Court of Rapides, King, J. It is admitted that the succession of plaintiffs’ mother was a vacant one according to the Code of 1808. Book 3, tit. 1, art. 118. The character of the succession was determined by that Code; (6 La. 441;) and no posterior legislation could destroy or impair rights already acquired by third persons.
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Appeal by the plaintiffs from a judgment of the District Court of Rapides, King, J. It is admitted that the succession of plaintiffs’ mother was a vacant one according to the Code of 1808. Book 3, tit. 1, art. 118. The character of the succession was determined by that Code; (6 La. 441;) and no posterior legislation could destroy or impair rights already acquired by third persons. The purchaser under whom defendants claim, acquired his title, such as might serve as the basis of prescription, more than five years before the promulgation of the Code of 1826 ; and prescription had run for that…
1Opinion
*266Same Case. — On a Re-hearing;
But the succession of the plaintiffs’ mother continued to be a vacant one after the promulgation of the Civil Code of 1825, when tested by the provisions of the new Code itself. This Code, art. 1088, declares, that lf a succession is called vacant, when no one claims it, or when all the heirs are unknown, or when all the known heirs renounce it.” The record shows, that the succession of the plaintiffs’ mother had not been claimed by any one when this suit was instituted. The principle asserted by the court in the decision in this case, leads to the inevitable…
2Cases cited2 opinions
- Goddard's Heirs v. UrquhartSupreme Court of Louisiana · 1834
- Davis's Heirs v. ElkinsSupreme Court of Louisiana · 1836