Dees v. Tildon
Supreme Court of Louisiana
APPEAL from the District Court of East Feliciana, Johnson, J. The facts of this case are stated in the opinion of the court, infra, 1, There never was any partition of the estate of Dees, There is no judgment of partition.
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APPEAL from the District Court of East Feliciana, Johnson, J. The facts of this case are stated in the opinion of the court, infra, 1, There never was any partition of the estate of Dees, There is no judgment of partition. McCuLlom v. Palmer, I Rob, 514. C. C. arts. 1261 to 1291. 2. Courts of Probate have exclusive jurisdiction over all matters concerning successions. 17 La. 238, 248. 15 La. 56. 3. The succession of Dees, being in the course of administration, must remain under the control and superintendence of the Court of Probates and its officer. It is apparent that there are creditors,…
1Opinion of the Court
The judgment of the court was pronounced by
King, J.
This is an action to recover from Stephen Tildón, as principal, and Watkins, as surety, the price of a tract of land adjudicated to the former at a sale of the property of the succession of James Dees. The land has passed into the hands of Mrs. Tildón, subject to the mortgage retained in favor of Dees’s succession, and the plaintiff asks to enforce the judgment prayed for in this suit, upon the hypothecated property in her possession.
The defences set up are, that the succession of Dees has been partitioned among his widow and heirs; that it…
2Cases cited1 opinion
- Hestres v. PetrovicSupreme Court of Louisiana · 1841
3Cited by4 opinions
- Bickham v. PittsSupreme Court of Louisiana · 1936
- Kelley v. KelleySupreme Court of Louisiana · 1941
- Hollingsworth v. CaldwellSupreme Court of Louisiana · 1940
- Guidry v. CheramieSupreme Court of Louisiana · 1977