Legal Opinion

Succession on Newton

Supreme Court of Louisiana

Decided May 15, 1881No. 8083PublishedCited by 9 opinions

APPEAL from the Second District Court for the parish of Orleans. IPissot, J. First — Where the answer sets up specially the plea of prescription, without any denial, the whole claim is thereby admitted, and proof offered in support does not affect the admission. 7 it. 468; 18 An. 161. Second — Where a party for answer specially pleads prescription, the onus is on him to substantiate his plea on the trial of the cause. 15 An. 332. Third — The prescription of one year is only…

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APPEAL from the Second District Court for the parish of Orleans. IPissot, J. First — Where the answer sets up specially the plea of prescription, without any denial, the whole claim is thereby admitted, and proof offered in support does not affect the admission. 7 it. 468; 18 An. 161. Second — Where a party for answer specially pleads prescription, the onus is on him to substantiate his plea on the trial of the cause. 15 An. 332. Third — The prescription of one year is only applicable to claims for board in private houses, where it is made a business to furnish board at a fixed prioe, and…

1Opinion of the Court

The opinion of the court was delivered by

Bermudez, C. J.

The attorney for absent heirs opposes the account presented by the administratrix, a daughter of the deceased, wherein she placed herself as a creditor for 85600 for rent and board.

We do not consider that the opposition really denies the facts giving rise to the claim, but View it as a denial of liability on the part of the succession, particularly as the same is barred by prescription.

7 R 468; 18 An. 161; 15 An. 332.

The facts, that Mrs. Newton occupied premises belonging to the administratrix, her daughter, which weie worth the monthly…

2Cited by9 opinions

  1. Succession of HenrySupreme Court of Louisiana · 1925
  2. Succession of DugasSupreme Court of Louisiana · 1949
  3. Succession of TemplemanSupreme Court of Louisiana · 1914
  4. Lamkin v. HannaLouisiana Court of Appeal · 1961
  5. Succession of BierceSupreme Court of Louisiana · 1931

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