Succession of Allen
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Kingy J. 1. Ex parte evidence of interest is sufficient to support an appeal taken by a third person, under Article 571 of the Code of Practice.
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APPEAL from the Civil District Court for the Parish of Orleans. Kingy J. 1. Ex parte evidence of interest is sufficient to support an appeal taken by a third person, under Article 571 of the Code of Practice. Payne vs. Ferguson, Curator, 23 An. 582. Cooley vs. Cooley, 38 An. 197. The order recognizing and putting in possession the heir and widow in community of the deceased, is properly rendered on the petition of the heir and widow, accompanied with proof supporting the demand. C. C., Arts. 940,941: C. P., Arts. 1000, 1001; Addison vs. Bank, 15 La. 527. Such an order may be made by the judge…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
The appellants claim to be heirs of the decedent, Allen, and appeal as third persons, from a judgment rendered in the court a qua, recognizing his widow as sole heir, and putting her in possession of the estate, to which judgment the appellants were not parties.
Their interest in the proceeding and their right to the appeal are based on their allegation of heirship, which is based on no proof save the exparte affidavit of one of them attached to the petition of appeal in the lower court and verifying the facts therein alleged.
The appellee has…
2Cases cited3 opinions
- Succession of HendersonSupreme Court of Louisiana · 1842
- Friend v. Graham's AdministratorSupreme Court of Louisiana · 1836
- Désormes' Heirs v. Désormes' CuratorSupreme Court of Louisiana · 1840
3Cited by4 opinions
- Barataria Land Co. v. Louisiana Meadows Co.Supreme Court of Louisiana · 1923
- Brown v. Gulf Refining Co.Louisiana Court of Appeal · 1927
- Succession of PenaSupreme Court of Louisiana · 1937
- Taylor v. AllenSupreme Court of Louisiana · 1920