Legal Opinion

Johnston's Heirs v. Cox's Syndic

Supreme Court of Louisiana

Decided May 15, 1839PublishedCited by 2 opinions

APPEAL PROM THE COURT OP TROBATES, POR THE PARISH AND CITY OF NEW-ORLEANS. This is an action instituted by the testamentary heirs of the late James Johnston, who died in the city of New-Orleans the 3d July, 1818, against the late N. Cox, then surviving executor. The suit was commenced in December, 1834, to compel the executor to render an account, and pay and deliver over all the moneys and property of every description belonging to the estate of the deceased.

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APPEAL PROM THE COURT OP TROBATES, POR THE PARISH AND CITY OF NEW-ORLEANS. This is an action instituted by the testamentary heirs of the late James Johnston, who died in the city of New-Orleans the 3d July, 1818, against the late N. Cox, then surviving executor. The suit was commenced in December, 1834, to compel the executor to render an account, and pay and deliver over all the moneys and property of every description belonging to the estate of the deceased. During the pendency of this suit, Mr. Cox died, and it has been carried on against his syndic. An account was rendered, which was…

1Opinion of the CourtEustis, J.

This action was instituted against Nathaniel Cox, the executor of the late James Johnston, by the plaintiffs, the heirs of the deceased. During the pendency of the suit Cox died, and the syndic of his succession was made a party defendant. The judge of the Court of Probates rendered a judgment- in favor of the plaintiffs for the sum of fourteen thousand two hundred and twenty-eight dollars and thirty-three cents against the succession, and the syndic has appealed.

A bill of exceptions was taken by the counsel for ,the defendant to an opinion of the court below, admitting certain evidence…

2Cited by2 opinions

  1. Harrison v. OcchipintiLouisiana Court of Appeal · 1971
  2. Ruddock Cypress Co. v. PeyretSupreme Court of Louisiana · 1905

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