Moorhead v. Thompson
Supreme Court of Louisiana
Appeal from, the court of probates for the parish of Iberviile. The plaintiff, as attorney in fact of the heirs of Nathaniel Scales, jr. brought this suit to recover from Joseph Thompson, curator of the estate of Robert Thompson, deceased, who was curator of the succession of Scales, the sum of thirteen thousand seven dollars and three cents. Erwin, the surety in the curator’s bond, was made a party to the suit, and judgment prayed against him as such.
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Appeal from, the court of probates for the parish of Iberviile. The plaintiff, as attorney in fact of the heirs of Nathaniel Scales, jr. brought this suit to recover from Joseph Thompson, curator of the estate of Robert Thompson, deceased, who was curator of the succession of Scales, the sum of thirteen thousand seven dollars and three cents. Erwin, the surety in the curator’s bond, was made a party to the suit, and judgment prayed against him as such. The de~ _ fendants plead payment, and filed with their answer certain accounts and vouchers against qie succession of Scales, in support of…
1Opinion of the CourtPorter, J.
This action is brought against the curator of the succession of the curator of N. Scales, junior’s estate, to compel a liquidation of the accounts of the succession and payment of the balance due. The surety in the curator’s bond is made a party to the suit, and judgment is prayed against him as such.
The general issue, and payment, were pleaded.
The capacity of persons sueing as heirs need not he proved unless* it be specially denied.
After an examination of the vouchers produced by the defendant in support of his plea of payment, and the other evidence, oral and documentary, the court gave…
2Cited by2 opinions
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