Stafford v. Succession of McIntosh
Supreme Court of Louisiana
APPEAL from the Twenty-seventh District Court, Parish of Rich-land. JúlMs, J., to whom the case was referred. Where the administrator has filed his tableau and account, any creditor not recognized therein has a right to sue the succession that owes him and have his claim recognized by judgment. 10 Ann. 224; 3 Ann. 407: 5 II. 270; O. I*. 984-G; 19 L. 441; 7 Ann. 367; 5 Arm. 709; 23 Ann. 102; 28 Ann. 322; 2 Ef. S. 659; 5 ET.
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APPEAL from the Twenty-seventh District Court, Parish of Rich-land. JúlMs, J., to whom the case was referred. Where the administrator has filed his tableau and account, any creditor not recognized therein has a right to sue the succession that owes him and have his claim recognized by judgment. 10 Ann. 224; 3 Ann. 407: 5 II. 270; O. I*. 984-G; 19 L. 441; 7 Ann. 367; 5 Arm. 709; 23 Ann. 102; 28 Ann. 322; 2 Ef. S. 659; 5 ET. S. 218; 6 2S. S. 450; 1st Bob. 389-404; 3B. 264; 9 Ann. 500. Such creditor has also the alternative right to oppose such tableau until his rights and claim are recognized…
1Opinion of the Court
The opinion of the Court was delivered.by
Todd, J.
The plaintiff is the only issue of the marriage of J. J. C. and Margaret A. Stafford, who both died in the parish of Richland— Mrs. Stafford in 1872, and Mr. Stafford in 1876.
Shortly after the death of plaintiff’s father, Wm. S. McIntosh was appointed her tutor, and about the same time administrator of the sue-*665•cession of Mrs. Stafford. As administrator and tutor lie received the property of the succession, and besides that of the minor valued at •about $35,000. Part of this he caused to be sold and received the proceeds. He collected the rents…
2Cited by5 opinions
- McCutchen v. HudsonSupreme Court of Louisiana · 1913
- Succession of OttSupreme Court of Louisiana · 1935
- Oliver v. IsgittLouisiana Court of Appeal · 1974
- Strong v. RobbinsSupreme Court of Louisiana · 1915
- Succession of BeguéSupreme Court of Louisiana · 1904