Sharp v. Knox
Supreme Court of Louisiana
APPEAL FROM THE COURT OP PROBATES FOR THE PARISH OF ST. LANDRY. This is a suit brought by the petitioner in the Probate Court, who alledges she is the mother of Eleonor O’Dono-gan deceased, late wife of Wm. G. Knox, who died on the 31st day of November 1829 leaving neither descendants nor ascendants, and that she is entitled to the succession of her deceased daughter. The petitioner alledges her daughter died, leaving a large property in community with her husband Wm.
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APPEAL FROM THE COURT OP PROBATES FOR THE PARISH OF ST. LANDRY. This is a suit brought by the petitioner in the Probate Court, who alledges she is the mother of Eleonor O’Dono-gan deceased, late wife of Wm. G. Knox, who died on the 31st day of November 1829 leaving neither descendants nor ascendants, and that she is entitled to the succession of her deceased daughter. The petitioner alledges her daughter died, leaving a large property in community with her husband Wm. G. Knox, besides paraphernal property to the amount of 2000 dollars. She further states that she is entitled to the…
1Opinion of the Court
Martin J.
delivered the opinion of the Court.
The plaintiff, the mother of the defendant’s deceased wife, who died without issue, claims a settlement of the *26estate in community between her daughter and the defend- ^, an(j the partition of the nett estate — and that the para-phemal estate of the deceased may be accounted for.
When a plaintiff brings suit in the Court of Probates which^kumed by the defendant underawill, itwill be dismissed for want of jurisdiction, as involving a question of titles to property, which the Probate Court cannot try. The Court of ordinary jurisdiction, i. e. the…
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