Mayfield v. Richards
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. The facts shown by the record wére as follows: On March 30,1860, Walter O. Wind, of the Parish of Rapides, in the State of Louisiana, made and delivered to the firm of Rotchfórd, Brown & Co., of the city of New Orleans, his nine promissory notes, each for the payment to their order of $5,000, four of which were to become due and payable on November 10,1860, and five on December 10, 1860. Winn died in 1861, leaving a-…
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IN ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. The facts shown by the record wére as follows: On March 30,1860, Walter O. Wind, of the Parish of Rapides, in the State of Louisiana, made and delivered to the firm of Rotchfórd, Brown & Co., of the city of New Orleans, his nine promissory notes, each for the payment to their order of $5,000, four of which were to become due and payable on November 10,1860, and five on December 10, 1860. Winn died in 1861, leaving a- last will, which was afterwards duly proven, by which he made his wife Mary E. Winn his universal heir and legatee • and…
1Opinion of the CourtJustice Woods
It is-well settled in .Louisiana that when a claim against a succession has been formally acknowledged by the executor or administrator, no suit should be brought upon it, and no suit or other proceeding is necessary to prevent prescription as long as the property of the succession remains in the hands of the executor or administrator under administration. Renshaw v. Stafford, 30 La. Ann. 853; Maraist v. Guilbeau, 31 La. Ann. 713; Porter v. Hornsby, 32 La. Ann. 337; Cloutier v. Lemee, 33 La. Ann. 305 ; Johnson v. Waters, 111 U. S. 640. If, therefore, the acknowledgment of Mrs. Winn,…
2Cases cited5 opinions
- Johnson v. WatersSupreme Court of the United States · 1884
- Desmare v. United StatesSupreme Court of the United States · 1877
- Cloutier v. LeméeSupreme Court of Louisiana · 1881
- Heirs of Porter v. HornsbySupreme Court of Louisiana · 1880
- Aby v. BrighamSupreme Court of Louisiana · 1876
3Cited by9 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- Erickson v. . MacYNew York Court of Appeals · 1921
- Cravens v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1922
- Wainwright v. Pennsylvania R.District Court, E.D. Missouri · 1918
- Commissioner v. WilsonCourt of Appeals for the Tenth Circuit · 1932
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