Whittington v. Heirs of Pegues

On Rehearing.

LAND, J.

On application for rehearing made by plaintiffs, it is alleged that, since the appeal was lodged in this court, Mrs. Juanita R. Pegues, warrantor of plaintiffs’ title, has died; that her succession has been opened; and that defendants, her heirs, have accepted her succession unconditionally, and have been sent into possession of all of the property of her estate.

Based upon this alleged state of facts, and upon the authority of Berry v. Wagner, 151 La. 464, 91 So. 837, plaintiffs have filed and tendered in this court a plea of estoppel, and contend that, having accepted…