Legal Opinion

Succession of Allen

Supreme Court of Louisiana

Decided November 15, 1891No. 10,822PublishedCited by 4 opinions

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.

Read the full summary

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

  1. Succession of HendersonSupreme Court of Louisiana · 1842
  2. Friend v. Graham's AdministratorSupreme Court of Louisiana · 1836
  3. Désormes' Heirs v. Désormes' CuratorSupreme Court of Louisiana · 1840

3Cited by4 opinions

  1. Barataria Land Co. v. Louisiana Meadows Co.Supreme Court of Louisiana · 1923
  2. Brown v. Gulf Refining Co.Louisiana Court of Appeal · 1927
  3. Succession of PenaSupreme Court of Louisiana · 1937
  4. Taylor v. AllenSupreme Court of Louisiana · 1920

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API