Durnford v. Clark's Estate
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH ANE CITY OF WEW-ORLEANS. The heirs of Duncan and of Williams, who were creditors of the estate of Clark, opposed the plea of prescription to the claim of Durnford, who was also a creditor of the estate. On the trial in the court below the following agreement filed: “ Durnf or d’s Curator vs. Clark’s Estate.
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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH ANE CITY OF WEW-ORLEANS. The heirs of Duncan and of Williams, who were creditors of the estate of Clark, opposed the plea of prescription to the claim of Durnford, who was also a creditor of the estate. On the trial in the court below the following agreement filed: “ Durnf or d’s Curator vs. Clark’s Estate. The plea of prescription of five years under the new Civil Code, is waived in this case, it having been understood between the parties at a day when prescription could have been interrupted by suit, that such plea would not be made, if suit…
1Opinion of the CourtPorter, J.
The appellant, in right of Thomas Durnford, deceased, claims to be received as creditor of the estate of Clark, in virtue of two promissory notes, the payment of one of which was secured by mortgage.
This claim was opposed in the court below by the heirs of Williams, and the representative of A. L. Duncan, deceased. They pleaded prescription to the demand of Durnford’s estate, and this plea was sustained by the judgment of the Probate Court. From that judgment this appeal is taken.
More than five years have elapsed since the note became due, and the debt is extinguished, unless some of the…
2Cited by16 opinions
- Mary H. Shelp and Genevieve M. McKinney v. National Surety CorporationCourt of Appeals for the Fifth Circuit · 1964
- Straus v. City of New OrleansSupreme Court of Louisiana · 1928
- Hill v. BarlowSupreme Court of Louisiana · 1843
- Horseshoe Mining Co. v. Miners' Ore Sampling Co.Court of Appeals for the Eighth Circuit · 1906
- Gibson Greeting Cards, Inc. v. CabibiLouisiana Court of Appeal · 1970
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