Legal Opinion

Barton v. Burbank

Supreme Court of Louisiana

Decided February 27, 1905No. 15,366PublishedCited by 1 opinion

Appeal from Twenty-Seventh Judicial District Court, Parish of St. James; Paul Léche, Judge. Action by E. H. Barton and others against E. W. Burbank and others. Judgment for defendants, and plaintiffs appeal.

1Opinion of the CourtLand, J.

This is an injunction suit against the foreclosure of a mortgage by ex-ecutory process sued out by E. W. Burbank against the succession of E. D. Barton, represented by W. L. Barton, administrator. Plaintiffs in injunction are the surviving *225widow and heirs of E. D. Barton. The injunction was dissolved, and the suit dismissed, on ah exception of no cause of action, which necessarily admitted as true all the facts well pleaded in the petition. The ground for the injunction is that the succession was closed and the administrator discharged in the' year 1896, and that therefore he was without…

2Cases cited1 opinion

  1. Scott v. BriscoeSupreme Court of Louisiana · 1884

3Cited by1 opinion

  1. Barton v. BurbankSupreme Court of Louisiana · 1916

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