Ferrand v. Heirs of Brés
Supreme Court of Louisiana
APPEAL from the Fifth District Court, Parish of Ouachita. Bichar dson, J. The action for partition is only prescribed by thirty years.
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APPEAL from the Fifth District Court, Parish of Ouachita. Bichar dson, J. The action for partition is only prescribed by thirty years. So long as the action for partition is not prescribed, all accessories, such as collation etc., exist with it. 14 An. 750; 12 An. 354; 8 L. 230; 9 An. 90 ¡ II An. 227; 16 An. 170. An heir cannot be relieved from the obligation of collating a debt due the succession, on the ground of prescription accruing after the date of opening the succession. 15 An. 209; the Court quoting 14 An. 250; 12 An. 353. Hor is an heir relieved from collating, because of the…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is apparently an action brought by the plaintiff for a partition of her mother’s estate.
The substantial allegations of the petition are verified by a statement of facts agreed to by the parties for the trial.
It appears from those admissions, that Jean Brés died in 1842, leaving a considerable estate in community with his surviving wife, who, having twice married (the first time with Laudeman, plaintiff’s father) had children by both marriages.
Shortly after the death of her husband in the same year, Mrs. Brés executed an act of…
2Cited by4 opinions
- Kuhn v. BercherSupreme Court of Louisiana · 1905
- Jacob v. FalgoustSupreme Court of Louisiana · 1922
- Jennings v. WalkerLouisiana Court of Appeal · 1968
- Lasseigne v. LasseigneSupreme Court of Louisiana · 1944