Iberville Bank & Trust Co. v. Zito

The plaintiff bank sued via ordinaria to enforce a mortgage and to obtain a personal judgment against the widow and children of the deceased mortgagor. As the basis ,of its latter demand, plaintiff alleged that the defendants had taken possession of, and exercised rights of ownership over, the property of the succession,, thereby tacitly accepting the marital community and the succession.

The suit was filed on February 25, 1926, and personal service was obtained on all the defendants. A preliminary default was entered on September 27, 1926, no answer having been filed, and the case: was…