Duson v. Dupré
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. John JJ. Ogden, Judge ad hoc. A joinder of issue by default or general denial does not, in a petitory-action, admit the authority of plaintiff to sue. The probate court' of the parish where the deceased resided and had his-, domicile has exclusive jurisdiction of the opening and administration of his estate; and the opening of the succession in another-parish is an absolute nullity.
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APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. John JJ. Ogden, Judge ad hoc. A joinder of issue by default or general denial does not, in a petitory-action, admit the authority of plaintiff to sue. The probate court' of the parish where the deceased resided and had his-, domicile has exclusive jurisdiction of the opening and administration of his estate; and the opening of the succession in another-parish is an absolute nullity. The opening of a succession as a vacant one, and the appointment of &. curator and counsel of absent heirs, are absolute nullities, if…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
C. C. Duson, alleging that he is the curator of the succession of Louis Blanc, and E. E. Perrodin, as the attorney of the absent heirs of the same succession, instituted a petitory action against Lastie-Dupré and others, for the recovery of a tract of land situated on Bayo®.. Plaquemine Brusle, in this parish, as the alleged property of the succession which they claim to represent.
After filing an answer and call in warranty, Lastie Dupré, joined', by all his co-defendants, excepted to plaintiffs’ action for want of capacity-in them to sue, on…
2Cases cited2 opinions
- Ayer v. Western Union Telegraph Co.Supreme Judicial Court of Maine · 1887
- Mechesney v. Unity TownshipSupreme Court of Pennsylvania · 1894
3Cited by9 opinions
- Simmons v. SaulSupreme Court of the United States · 1891
- Dennis v. BintCalifornia Supreme Court · 1898
- Soule v. WestSupreme Court of Louisiana · 1936
- Smith v. JenningsCourt of Appeals for the Fifth Circuit · 1915
- Garrett v. BoeingCourt of Appeals for the Sixth Circuit · 1895
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