Blount v. Syms
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OF THE THIRD JUDICIAL' DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, THE JUDGE OF THE DISTRICT PRESIDING. This is a petitory action, in which the plaintiff claims title r J . to two hundred acres of land in the possession of the defendant.
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Eastern Dist. APPEAL FROM THE COURT OF THE THIRD JUDICIAL' DISTRICT, FOR THE PARISH OF EAST BATON ROUGE, THE JUDGE OF THE DISTRICT PRESIDING. This is a petitory action, in which the plaintiff claims title r J . to two hundred acres of land in the possession of the defendant. The plaintiff alleges, that he is the sole surviving child of Hugh R. Blount, deceased; the other three children having died since their ancestor, leaving the petitioner and his mother the sole heirs of his succession. All the property at his death, belonged to the community, and consisted of several slaves. That the…
1Opinion of the CourtBullard, J.
This case went off in the court below, upon an exception in the nature of a demurrer. The exception denies the right of the plaintiff to maintain the 'present action on the grounds stated in the petition, and avers that the petition itself discloses a total want of right against the respondent.
Such an exception admits, hypothetically, the facts alleged, but denies the legal conclusion which the plaintiff seeks to draw from them, to wit,'his right to recover.
The facts alleged in the petition, and which for the purpose of this argument are to be. assumed, as true, without regard to other…
2Cited by1 opinion
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