Rachal v. Rachal
Supreme Court of Louisiana
Athanase Rachal, tutor of Olivier Rachal, and Melisse Anty, tutor of Sylvere Levasseur, obtained a judgment against the defendants before the District Court for the parish of Natchitoches, Campbell, J., from which the latter appealed. The opinion of the court contains an accurate statement of the facts of the case, and of the questions of law which arose on the trial. The judgment of the District Court should be affirmed.
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Athanase Rachal, tutor of Olivier Rachal, and Melisse Anty, tutor of Sylvere Levasseur, obtained a judgment against the defendants before the District Court for the parish of Natchitoches, Campbell, J., from which the latter appealed. The opinion of the court contains an accurate statement of the facts of the case, and of the questions of law which arose on the trial. The judgment of the District Court should be affirmed. The suit is for real property, and the district court alone has original jurisdiction. He cited, 10 Martin, 1. 7 Martin, N. S., 470. 3 La., 38. 11 lb., 384, 394. 13 lb.,…
1Opinion of the CourtMorphy, J.
The plaintiffs, as the legal heirs and representatives of a brother and sister of the late Pedro Cyriac Levasseur, claim two thirds of'the property left by their uncle, the whole of which is in the possession of the defendant, Felice Aimée Levasseur, another sister of the deceased, married to Emanuel Hilaire Radial. They allege that the defendant, Felice, sets up title to and detains all the property by virtue of an olographic will which institutes her universal legatee, but which they aver is null and void as containing a substitution or fidei commissum. The defendant excepted to the…
2Cases cited3 opinions
- Arnaud v. TarbeSupreme Court of Louisiana · 1832
- Hunter's Syndics v. HunterSupreme Court of Louisiana · 1822
- Hagan v. BrentSupreme Court of Louisiana · 1830
3Cited by3 opinions
- Fuentes v. GainesSupreme Court of Louisiana · 1873
- Succession of StevenSupreme Court of Louisiana · 1884
- Succession of McCanSupreme Court of Louisiana · 1895