Legal Opinion

Succession of Waters

Supreme Court of Louisiana

Decided February 15, 1857PublishedCited by 16 opinions

APPEAL from the Second District Court of New Orleans, Morgan, J.

1Opinion of the Court

Merrick, O. J.

Article 1023 of. the Civil Code is in those words: “The faculty of accepting or renouncing an inheritance becomes barred by the lapse of time required for the longest prescription of the rights to real estate.” The French text of the Article and Article 789 of the Napoleon Code are identical.

The French commentators are much divided as to the meaning of the Article, so much so that Marcadé, after examining the opinions of Delaporte, Malville, Vazeille, Duranton and Malpel, says that of the other authors who have taken part in the controversy, their systems may be reduced to…

2Cited by16 opinions

  1. Tillery v. FullerSupreme Court of Louisiana · 1938
  2. Harang v. Golden Ranch Land & Drainage Co.Supreme Court of Louisiana · 1918
  3. Bendernagel v. ForetSupreme Court of Louisiana · 1919
  4. Lee v. JonesSupreme Court of Louisiana · 1953
  5. Generes v. Bowie Lumber Co.Supreme Court of Louisiana · 1918

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