Troxler v. Colley
Supreme Court of Louisiana
APPEAL from the Twenty-Sixth Judicial District Court, parish of St. Charles. Hahn, J. Hirst — Property purchased at a sale for a partition among co-heirs, and paid with the inheritance of the heir is separate. 2 An. 930 ; 4 An. 803; 5 An. 743 ; 17 L. 296; 1 R. 347 $ 4 R. 115; 1L. 522. Second — Partition is a sort of exchange among co-heirs.
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APPEAL from the Twenty-Sixth Judicial District Court, parish of St. Charles. Hahn, J. Hirst — Property purchased at a sale for a partition among co-heirs, and paid with the inheritance of the heir is separate. 2 An. 930 ; 4 An. 803; 5 An. 743 ; 17 L. 296; 1 R. 347 $ 4 R. 115; 1L. 522. Second — Partition is a sort of exchange among co-heirs. C. C. 1382. Third — Plaintiffs have a judgment putting them in exclusive possessiou as sole owners of this property; creditors of any party whom it is alleged has an interest in such property cannot disregard such judgment. Hourth — Oral proof admissible…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The sheriff of the parish of St. Charles seized under a writ of fi. fa., issued to enforce payment of a judgment in favor of F. Brugier against Widow F. E. Troxler, an undivided interest in certain immovable property as belonging to the judgment debtor.
The sale was enjoined by the plaintiffs, who claimed to be owners of the property. They allege title to it by inheritance from their father, the late Frangois Emilien Troxler, who inherited the same from his father, Frangois Troxler, also deceased.
The defendant resists the claim of the…
2Cited by13 opinions
- Fernandez v. WienerSupreme Court of the United States · 1946
- Sanderson v. FrostSupreme Court of Louisiana · 1941
- Dillon v. FrevilleSupreme Court of Louisiana · 1912
- McElwee v. McElweeLouisiana Court of Appeal · 1972
- Primeaux v. LibersatLouisiana Court of Appeal · 1975
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