Ward's Heirs v. Bowmar
Supreme Court of Louisiana
Western Dist. APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF OUACHITA. This suit commenced in an opposition made by the heirs of Ward to a monition taken out by R. H. Bowmar to per-feet the sale of a tract of land, sold at the probate sale of John Ward’s estate. After hearing the evidence and the parties, the probate judge gave judgment overruling the opposition, sustained the intervention of G-uice, and homologated and confirmed the sale.
Read the full summary
Western Dist. APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF OUACHITA. This suit commenced in an opposition made by the heirs of Ward to a monition taken out by R. H. Bowmar to per-feet the sale of a tract of land, sold at the probate sale of John Ward’s estate. After hearing the evidence and the parties, the probate judge gave judgment overruling the opposition, sustained the intervention of G-uice, and homologated and confirmed the sale. The plaintiffs in opposition appealed. moved to dismiss the appeal, for want of the seal of'th.e court, authenticating the citation. 2. Because the…
1Opinion of the CourtMartin, J.
The dismissal of the appeal is prayed for on the ground “ that the citation is not authenticated by the seal of the court.”
2. That there was not sufficient time elapsed between the service of citation and the return day thereof.
3. The appeal was irregular as to Smith, who had no legal right to appeal for his wife; but that she ought to have appealed with the authorization of her husband, the suit being for the tille to real property of the wife.
On the first ground the appeal must be dismissed, for this case cannot be distinguished from that of Campbell, Ritchie & Co. vs. Karr, 7 Louisiana…
2Cited by1 opinion
- Griffing v. BowmarSupreme Court of Louisiana · 1842