Ferrari's Administratrix v. Lambeth
Supreme Court of Louisiana
Eastern Dist. APPEAL PROM THE PARISH COURT POR THE PARISH AND CITY OF NEW-ORLEANS. This is a petitory action. The plaintiff as the administra-trix of J. B. Ferrari, sues to recover a square of ground in the rear of Faubourg, St. Mary, which the defendants purchased the 8th April, 1833, at the probate sale of the widow Nicholas Roche’s succession, but which in fact is alleged to have belonged, at the time, and now, to the succession administered by the plaintiff.
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Eastern Dist. APPEAL PROM THE PARISH COURT POR THE PARISH AND CITY OF NEW-ORLEANS. This is a petitory action. The plaintiff as the administra-trix of J. B. Ferrari, sues to recover a square of ground in the rear of Faubourg, St. Mary, which the defendants purchased the 8th April, 1833, at the probate sale of the widow Nicholas Roche’s succession, but which in fact is alleged to have belonged, at the time, and now, to the succession administered by the plaintiff. The defendants, John Rice, Wm. M. Lambeth, P. Caillou and Omer Lauve, pleaded the general issue, and denied specially the capacity…
1Opinion of the CourtMartin, J.
This is a petitiory action, and the defendants are appellants from the judgment which decrees the premises to the plaintiff.
The facts of the case are these; both parties admit the premises to have once been the property of Gravier. The plaintiffs claim title in the deceased, whose beneficiary heir and administratrix she is, under a conveyance from Gravier to Roche, and from Roche to Ferrari. The defendants claim under a probate sale of the succession of Roche’s widow They show that the premises were mortgaged by Graviei te her. That she provoked a sale of them, on an order of seizure obtained…
2Cited by4 opinions
- H. & C. Newman, Ltd. v. ScarboroughSupreme Court of Louisiana · 1905
- Vanzant v. Bodcaw Lumber Co.Supreme Court of Louisiana · 1911
- Stewart v. PresleySupreme Court of Louisiana · 1870
- Lafon v. De ArmasSupreme Court of Louisiana · 1846