Atkinson v. Rodney

The opiniou of the Court was delivered by

Bermudez, C. J.

On the averment that he is an unpaid creditor of a deceased party, whose succession has been administered upon by an administrator who has obtained his discharge, the plaintiff brings this action to have the succession mortuoria reopened, in order to compel the legatee who was put in possession to return the legacy and to inaugurate another administration of the estate.

An exception of no cause of action was died and sustained by the 'lower court, from whose judgment this appeal is taken.

The plaintiff rests his claim on Articles 1067,…