Guidry v. Guidry Heirs
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF ST. MARTIN. This suit commenced by injunction, to stay an execution and sale, under a judgment of Joseph Guidry et al vs. Louis Guidry, for one thousand one hundred and forty-two dollars, which the plaintiff alleges is null and void, for the following reasons: 1. He never was cited, or appeared. 2. There was no issue joined by him, or any one authorized to appear for him. 3. It is an action of partition, and so far from…
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APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF ST. MARTIN. This suit commenced by injunction, to stay an execution and sale, under a judgment of Joseph Guidry et al vs. Louis Guidry, for one thousand one hundred and forty-two dollars, which the plaintiff alleges is null and void, for the following reasons: 1. He never was cited, or appeared. 2. There was no issue joined by him, or any one authorized to appear for him. 3. It is an action of partition, and so far from his owing his co-heirs any thing, they are indebted to him ; that he is entitled to a large balance against them on…
1Opinion of the CourtMorphy, J.
The plaintiff has sued out an injunction, to arrest the execution of a judgment obtained against him, under the following circumstances: Pierre Guidry, the father of the parties to this suit, married twice, and had children by both marriages. Marguerite Miller, his second wife, died in 1822, leaving a large estate, to be partaken between her husband and heirs. The plaintiff failed in 1824, and placed on his schedule the heirs of Marguerite Miller, as creditors, for about two thousand dollars, which, he supposed, was the amount of his indebtedness to the estate, after deducting the sum…
2Cited by6 opinions
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- Union National Bank v. ChoppinSupreme Court of Louisiana · 1894
- Sun Oil Co. v. SmithSupreme Court of Louisiana · 1949
- Lang v. ForneaLouisiana Court of Appeal · 1961
- Boutté v. Executors of BouttéSupreme Court of Louisiana · 1878
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