Legal Opinion

Higginbotham v. Daigle

Supreme Court of Louisiana

Decided December 2, 1907No. 16,608PublishedCited by 5 opinions

Appeal from the Eighteenth Judicial District Court, Parish of Acadia; Philip Sidney Pugh, Judge. Action by Agnes Higginbotham, natural tu-trix, and others, against Theogene Daigle and others. Judgment for plaintiffs, and defendants appeal.

1Opinion of the CourtBreaux, C. J.

Plaintiff sues to have a sale annulled of certain real estate belonging at one time to the community which existed between the late Mrs. Celina David and her surviving husband, Theogene Daigle.

Plaintiffs are heirs of the late Celina David, who died in the year 1897. Some of the heirs were majors and the others minors at the time of the sale attacked by plaintiffs.

The grounds urged by plaintiffs to set aside this sale are that there was no necessity for the sale as neither the community nor the estate of Celina David owed any debts; and they particularly declared that there were no debts due…

2Cases cited1 opinion

  1. Succession of DumestreSupreme Court of Louisiana · 1888

3Cited by5 opinions

  1. Deshotels v. LafleurSupreme Court of Louisiana · 1914
  2. State v. BrantleySupreme Court of Louisiana · 1932
  3. Investors Mortgage Co. v. PrejeanLouisiana Court of Appeal · 1928
  4. Estrade v. KaackSupreme Court of Louisiana · 1910
  5. State v. BrantleySupreme Court of Louisiana · 1932

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