Kendrick's Heirs v. Kendrick
Supreme Court of Louisiana
E ASTEEN DlS. APPEAL EROM THE COURT OJ? PROBATES EOR THE PARISH 0E ST. HELENA. This is an action by the forced heirs of Wm. Kendrick, deceased, against the widow in community, for a settlement and payment of the community debts ; to recover from her separate property of their deceased ancestor; and also for a partition of said estate.
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E ASTEEN DlS. APPEAL EROM THE COURT OJ? PROBATES EOR THE PARISH 0E ST. HELENA. This is an action by the forced heirs of Wm. Kendrick, deceased, against the widow in community, for a settlement and payment of the community debts ; to recover from her separate property of their deceased ancestor; and also for a partition of said estate. The defendant by her counsel excepted to the plaintiffs’ petition on several grortnds ; that all the heirs had not joined in the action ; the sheriff’s return omitted to state of what parish he was sheriff; and that the service of citation w.as defective and…
1Opinion of the CourtMartin, J.
This is an action of partition against the widow in-community of the ancestor of the plaintiffs ; and they are appellants from a judgment sustaining the defendant’s exceptions and dismissing the suit.
The exceptions are, first to the citation and return thereon, because it does not appear in what parish the sheriff acts, or where the domicil or house inhabited by the defendant is situated ; and inasmuch as the defendant does not reside in the place where the court is held, or within ten miles, the citation does not express the delay to which the party is entitled in order to comply with the…
2Cases cited1 opinion
- Huntstock v. His CreditorsSupreme Court of Louisiana · 1837
3Cited by13 opinions
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- Union National Bank v. ChoppinSupreme Court of Louisiana · 1894
- Sun Oil Co. v. SmithSupreme Court of Louisiana · 1949
- Kelly v. KelleherSupreme Court of Louisiana · 1936
- Lehman, Stern & Co. v. BroussardSupreme Court of Louisiana · 1893
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