Heirs of Compton v. Maxwell
Supreme Court of Louisiana
APPEAL from the Eighth Judicial District Court, parish of Madison: Deloney, J. First — A judgment of separation between the wife and husband must he promptly settled so far as the husband’s estate is sufficient for the purpose of payment, or it must be followed by a tona fide and uninterrupted suit to obtain payment: otherwise it becomes an absolute nullity.
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APPEAL from the Eighth Judicial District Court, parish of Madison: Deloney, J. First — A judgment of separation between the wife and husband must he promptly settled so far as the husband’s estate is sufficient for the purpose of payment, or it must be followed by a tona fide and uninterrupted suit to obtain payment: otherwise it becomes an absolute nullity. C. C. 2428; 28 An. 346 ; lb. 572; 4 An. 513 ; 27 An. 403; 2 An. 149; 1 An. 308; 1 E. 431; 3 E. 328. Second — Either party can set up the nullity when it becomes his or her interest; and although the judgment may have been founded on a…
1Opinion of the Court
*686The opinion of the Court was delivered by
Todd, J.
These two suits were consolidated and tried together.
The plaintiffs, as heirs at law of Thomas A. Compton, deceased, claim to be owners by inheritance of the lands described in their petitions. These lands consist in part of the Mound plantation in the parish of Madison.
The record establishes the following facts bearing on this controversy:
The Mound plantation belonged originally to Jesse Harper, and contained about 682 64-100 acres. Harper died, and the land was sold at succession sale on the 22d April, 1839. Thomas A. Compton, the ancestor of…
2Cited by3 opinions
- Pfister v. CassoSupreme Court of Louisiana · 1926
- Jones v. JonesSupreme Court of Louisiana · 1907
- Heymann v. PowersLouisiana Court of Appeal · 1932