Sophie v. Duplessis
Supreme Court of Louisiana
APPEAL from the District Court of Plaquemines, Rousseau, J. The facts of this case are stated in the opinion infra. The order for the execution of a will is a judgment which, though rendered on insufficient evidence, must have full force until reversed. Legendre v. McDonogh, 6 Mart. N. S. ,514. Fulton v. Welsh, 7 Mart. N. S. 257. Clark v. Barham, A Mart. N. S. 411. Such a judgment .cannot be attacked collaterrally.
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APPEAL from the District Court of Plaquemines, Rousseau, J. The facts of this case are stated in the opinion infra. The order for the execution of a will is a judgment which, though rendered on insufficient evidence, must have full force until reversed. Legendre v. McDonogh, 6 Mart. N. S. ,514. Fulton v. Welsh, 7 Mart. N. S. 257. Clark v. Barham, A Mart. N. S. 411. Such a judgment .cannot be attacked collaterrally. Psyche v. Paradol, ,6 La. 577. Broussard v. Bernard, 7 La. 223. Kilgour v. Ratliff, 2 lb. N. S. 292. The act of partition was never perfected. It can 'have no effect as a donation.…
1Opinion of the Court
The judgment of the court was pronounced by
King, J.*
The plaintiff claims her liberty in virtue of a nuncupative testament under private signature, made by her former owner, Martin JDuplessis, a free person of color. The defendants contend that the will is null: 1st. Because it is without date. 2dly. Because it makes no mention of the place where it was received. 3dly. Because the place of residence of the witnesses is not stated in the instrument. There was a judgment for the plaintiff in the court below, and the defendants have appealed.
The will was admitted to probate in the parish of…
2Cases cited3 opinions
- O'Donogan v. KnoxSupreme Court of Louisiana · 1837
- Falkner v. FriendSupreme Court of Louisiana · 1841
- Bank of Louisiana v. FowlerSupreme Court of Louisiana · 1845
3Cited by10 opinions
- Ellis v. DavisSupreme Court of the United States · 1883
- Succession of ManionSupreme Court of Louisiana · 1918
- Mayor v. United States ex rel. StewartCourt of Appeals for the Fifth Circuit · 1891
- Succession of WadsworthSupreme Court of Louisiana · 1922
- McCullough v. BridgesSupreme Court of Louisiana · 1971
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