German v. Gay
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This suit is instituted by the heirs of Mrs. Nancy Nicholls, deceased, late wife of Reuben Nicholls, against one Alfred Gay, as the third possessor of a slave which formed part of the community property of Mr. and Mrs. Nicholls, and which was sold by the former to the defendant after the death of the latter.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This suit is instituted by the heirs of Mrs. Nancy Nicholls, deceased, late wife of Reuben Nicholls, against one Alfred Gay, as the third possessor of a slave which formed part of the community property of Mr. and Mrs. Nicholls, and which was sold by the former to the defendant after the death of the latter. The plaintiff, Mrs. German, alleges she is sole child and heiress of the deceased, and as such, entitled to half of the community of acquests and gains ; that the slave in question made a part of said community at the death of her…
1Opinion of the Court
- Bullard, J.,
delivered the opinion of the court.
In this case, the appellant assigns for errors apparent on the face of the record, that the court sustained an exception not valid and maintainable in law.
The plaintiff, as heir at law, of Nancy Trier, late wife of R. Nicholls, and in community with him, sues the defendant for one-half of a slave, of the value of five hundred dollars, which, belonged to the community, and which she alleges was sold by the surviving husband, after the death of his wife.
The defendant sets up title to the slave, by sale from Nicholls, and cites him in warranty.…
2Cited by11 opinions
- Long v. ChailanSupreme Court of Louisiana · 1937
- Bossier v. HerwigSupreme Court of Louisiana · 1904
- Lawson v. RipleySupreme Court of Louisiana · 1841
- Lewis v. ClaySupreme Court of Louisiana · 1952
- Levy v. HitscheSupreme Court of Louisiana · 1888
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