Beauregard v. Lampton
Supreme Court of Louisiana
APPEAL from the Second Judicial District Court, parish of Plaque-mines. Pardee, J. First — A defendant who goes to trial without requiring a decision on her plea of res judicata waives it. Second— Ex parte orders rendered without any contestatio litis and without any evidence to suppoit them, do not constitute the authority of the tbiDg adjudged. Third — Marriage and heirship must be judicially established like other facts.
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APPEAL from the Second Judicial District Court, parish of Plaque-mines. Pardee, J. First — A defendant who goes to trial without requiring a decision on her plea of res judicata waives it. Second— Ex parte orders rendered without any contestatio litis and without any evidence to suppoit them, do not constitute the authority of the tbiDg adjudged. Third — Marriage and heirship must be judicially established like other facts. Fourth — Probate courts have no jurisdiction to determine by ex parte orders questions of heirship. Fifth — An action for the recovery of an entire succession is…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Edward Shipp Lampton died in the parish of Plaque-mines on May 30th, 1865. In July of the same year, his succession was regularly opened in the District Court for said parish (then vested with probate jurisdiction), upon due proof of his death; and a petition was filed by Elizabeth Tharp, representing herself as the widow of deceased, in which she alleged that she was legally married to deceased, that Julia Ann Lampton, then of age, was the only child of said marriage and sole heir of deceased; that he left property which belonged to the…
2Cited by4 opinions
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- Kelley v. KelleySupreme Court of Louisiana · 1941
- Dugas v. PowellSupreme Court of Louisiana · 1941
- Mahoney v. PerkinsSupreme Court of Louisiana · 1928