Webb v. Keller
Supreme Court of Louisiana
APPEAL from the. Thirteenth District Court, Parish of St. Landry. Hudspeth, J. 1 A party who accepts the quality of universal legatee and that of executor conferred by will, probates the will, and enters into possession of the property, and “uses and treats it as his own;” ho cannot long afterwards retract such acceptance, or set up the nullity of the will or its probate or the proceedings carried thereunder. 28 Ann. 697; 31 Ann. 552; 18 Ann. 141; 7 Ann. 617; 4 L. 61; 15…
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APPEAL from the. Thirteenth District Court, Parish of St. Landry. Hudspeth, J. 1 A party who accepts the quality of universal legatee and that of executor conferred by will, probates the will, and enters into possession of the property, and “uses and treats it as his own;” ho cannot long afterwards retract such acceptance, or set up the nullity of the will or its probate or the proceedings carried thereunder. 28 Ann. 697; 31 Ann. 552; 18 Ann. 141; 7 Ann. 617; 4 L. 61; 15 Ann. 529; 24 Ann. 301. 2.Parties who claim title from such a person, or who set up such proceedings as a shield or…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Plaintiffs seek to dismiss the appeals taken by Mrs. Nannie M. Morris, J. U. Payne, II. M. Payne, Mary I. Garrard and William Curley, on the grounds that they were co-defendants with Amelia E. Keller and others, against whom judgments were rendered on the 14th of April, 1883., and 20th of February, 1885, respectively, and who were not in court when appellants obtained their orders of appeal in open court on the 28th of May, 1885, and were not cited as appellees.
In the alternative, they urge that the value of the property claimed by…
2Cited by41 opinions
- Lafayette v. FarrSupreme Court of Louisiana · 1926
- Saxon v. Southwestern Brick & Tile Mfg. Co.Supreme Court of Louisiana · 1904
- Soule v. WestSupreme Court of Louisiana · 1936
- Richardson v. McDonaldSupreme Court of Louisiana · 1916
- Sammons v. New Orleans Ry. & Light Co.Supreme Court of Louisiana · 1916
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