McQueen v. Sandel
Supreme Court of Louisiana
PPEAL from the District Court of the Parish of East Feliciana, Ratliff, J.
1Opinion of the CourtBuchanan, J.
This is a petitory action instituted by plaintiff, as sole heir of her father Murdoch McQueen, and of her aunt, Flora McQueen.
Defendant holds an undivided half of the land claimed by a sale dated 2d May, 1831, from plaintiff’s father. As the averments of the petition amount to an acceptance of the succession of her father,' plaintiff is estopped from contesting a valid title derived from her father. On the contrary, she is in law the warrantor of that title. Carraby v. Gravier, 17 La. 132.
*141To escape this dilemma, the counsel of plaintiff urge her claim upon a title not set up in her petition,…
2Cases cited1 opinion
- Gravier's Curator v. Carraby'sSupreme Court of Louisiana · 1841
3Cited by11 opinions
- Buillard v. DavisSupreme Court of Louisiana · 1936
- Cook v. MartinSupreme Court of Louisiana · 1938
- Louisiana Canal Co. v. LegerSupreme Court of Louisiana · 1959
- Foster v. SpannSupreme Court of Louisiana · 1930
- Maught v. CassardLouisiana Court of Appeal · 1928
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