Calhoun v. Crossgrove
Supreme Court of Louisiana
APPEAL from the Seventh District Court, parish of Catahoula. Ellis, judge ad hoc. All matters put at issue in a suit for partition are concluded by the judgment rendered therein, which will operate as res judicata. The doctrine announced in 10 A. 636 applies only to such matters as arise before the notary, after the decree of partition has been ordered, and which were not submitted to the Court prior to rendering that decree.
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APPEAL from the Seventh District Court, parish of Catahoula. Ellis, judge ad hoc. All matters put at issue in a suit for partition are concluded by the judgment rendered therein, which will operate as res judicata. The doctrine announced in 10 A. 636 applies only to such matters as arise before the notary, after the decree of partition has been ordered, and which were not submitted to the Court prior to rendering that decree. Grand-children coming to the partition of their grandfather’s estate are not obliged to collate an onerous obligation due to it by their father, C. C. 1240; 4 N. S. 557…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an action óf partition among the grandchildren óf Sanders Neely and wife. They constitute three branches, one suing, two defending. No difference exists between them, as to the proportion in which the inheritance is to accrue to them. The contention *1003involves only the liability of the plaintiffs and of the minors Orossgrove, defendants, to collate.
Brunot, the other defendant, who represents a branch by himself,, claims that the plaintiffs should be made to collate three sums, which aggregate $16,650, alleged to have been received…
2Cited by5 opinions
- Estate of WilliamsMissouri Court of Appeals · 1895
- Chevalley v. PettitSupreme Court of Louisiana · 1905
- Wattenbarger v. PayneMissouri Court of Appeals · 1912
- Succession of SchneidauSupreme Court of Louisiana · 1935
- Succession of MarlinLouisiana Court of Appeal · 1970