Armant v. New Orleans & Carrollton Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rkjhior, J, A debtor cannot inquire into the validity or invalidity of bis creditor’s will. Heirs and creditors alone can attack contracts and donations made to their xmojudice. The debtor of an estate cannot object to an administration of it on the ground that it owes no debts. Heirs alone can urge that objection.
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APPEAL from the Civil District Court for the Parish of Orleans. Rkjhior, J, A debtor cannot inquire into the validity or invalidity of bis creditor’s will. Heirs and creditors alone can attack contracts and donations made to their xmojudice. The debtor of an estate cannot object to an administration of it on the ground that it owes no debts. Heirs alone can urge that objection. A decree appointing an administrator or executor cannot be attacked collaterally. 28 Ann. 807; 30 Ann. 269. A precarious possession cannot serve as the basis of prescription acquirendi cama.. To acquire property by…
1Opinion of the Court
The opinion of the court was delivered hy
Fenner, J.
An exception was filed to the right of plaintiff to stand in judgment as testamentary executor on the grounds that the will under which he was appointed is invalid; that, if invalid, it is not shown that it has not been completely executed; and that, as there are no debts due by the succession, in this State, there is no necessity for an executor or administrator.
Tiie exception does not deny that the plaintiff has been regularly appointed and qualified as executor under the decree of a court of competent jurisdiction. Such a decree must be…
2Cited by7 opinions
- STATE BY PARSONS v. Standard Oil Co.Supreme Court of New Jersey · 1950
- STATE BY FURMAN v. Jefferson Lake Sulphur Co.Supreme Court of New Jersey · 1962
- Hubert v. City of New OrleansSupreme Court of Louisiana · 1906
- Boston & Roxbury Mill Corp. v. TyndaleMassachusetts Supreme Judicial Court · 1914
- Scott v. New York Life Ins. Co.Louisiana Court of Appeal · 1944
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