Legal Opinion

Succession of Hebrard

Supreme Court of Louisiana

Decided June 15, 1866PublishedCited by 6 opinions

APPEAL from the Second District Court of New Orleans, — Antoine Hebrard died in the city of New Orleans, in the year 1860. Among the property inventoried is a lot of ground with the buildings thereon, situated in Common street, valued at the sum of §11,000. The succession was opened, and on the 25th day of January, 1862, a petition was presented by the executor for the sale of said property, in order to pay the then existing debts, on the following terms and conditions,…

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APPEAL from the Second District Court of New Orleans, — Antoine Hebrard died in the city of New Orleans, in the year 1860. Among the property inventoried is a lot of ground with the buildings thereon, situated in Common street, valued at the sum of §11,000. The succession was opened, and on the 25th day of January, 1862, a petition was presented by the executor for the sale of said property, in order to pay the then existing debts, on the following terms and conditions, agreed upon by all parties interested, viz : “For the slaves, cash; for the real property, one-third cash, balance for notes…

1Opinion of the CourtInsnnv, J.

Bernard Samuels, the purchaser at a judicial sale of property belonging to the succession of Antoine Hebrard, seeks to have the sale to Mm of a certain lot of ground homologated by means of a monition, which is opposed by R. A. Hebrard, one of the heirs of Antoine Hebrard, who, also, opposes the tableau filed in Court by the testamentary executor, so far as it regards the distribution of the price of the lot, paid by the said purchaser into his hands.

The grounds of opposition are :

1. That the order of sale of June 28th, 1865, for cash, was informal and illegal, by reason of the pre-existing…

2Cases cited4 opinions

  1. Thompson v. TolmieSupreme Court of the United States · 1829
  2. Lalanne's Heirs v. MoreauSupreme Court of Louisiana · 1839
  3. Michel's Heirs v. Michel's CuratorSupreme Court of Louisiana · 1837
  4. Beard v. MorancySupreme Court of Louisiana · 1842

3Cited by6 opinions

  1. González v. AngladaSupreme Court of Puerto Rico · 1925
  2. Key v. SalleyLouisiana Court of Appeal · 1949
  3. González v. AngladaSupreme Court of Puerto Rico · 1925
  4. Ouachita Valley Federal Credit Union v. SteedLouisiana Court of Appeal · 1998
  5. Torres del Valle v. Caguas Sugar Co.Supreme Court of Puerto Rico · 1929

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