Legal Opinion

Graham v. Succession of Markey

Supreme Court of Louisiana

Decided April 15, 1870No. 2065Published

APPEAL from the Second District .Court, parish of Orleans.

1Opinion of the CourtHowe, J.

The plaintiff proceeded via exeentiva in this case to collect ■a note secured by mortgage and vendor’s privilege, and notice of the proceeding was served on the administratrix. The latter enjoined, on *267the ground that the court, as a probate court, was without jurisdiction. This injunction was afterwards dissolved, and the administratrix has appealed.

The objection urged by the appellant that the Second District Court of New Orleans, as a court of probates, is without authority to issue an. order of seizure and sale is technically correct. It can no more do this than it can issue a writ of…

2Cases cited1 opinion

  1. Union Bank of Louisiana v. MarignySupreme Court of Louisiana · 1845

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