Legal Opinion

Heirs of Kimball v. Heirs of Lopez

Supreme Court of Louisiana

Decided August 15, 1834PublishedCited by 1 opinion

APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. The plaintiffs sue as tbe heirs and legal representatives of Esther McD. Kimball, to recover a slave named Peter, worth eight hundred dollars, who they allege, is illegally in the possession of the defendant’s ancestor. This suit was filed the 13th May, 1826, and'on the 20th, in pursuance of the prayer of the petition, the negro was sequestered.

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APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. The plaintiffs sue as tbe heirs and legal representatives of Esther McD. Kimball, to recover a slave named Peter, worth eight hundred dollars, who they allege, is illegally in the possession of the defendant’s ancestor. This suit was filed the 13th May, 1826, and'on the 20th, in pursuance of the prayer of the petition, the negro was sequestered. The plaintiffs set up title to the slave in contest. The defendant pleaded a general denial, and excepted to answering the petition, because a copy in the French…

1Opinion of the CourtBullard, J.

The plaintiffs sue to recover a slave, which they claim as A , . . J the property of their ancestors, in the possession of the defendants. The defendants plead title derived from one Sands, who was cited in warranty, and whose title exhibited is a sheriff’s deed, and the defendants further rely on prescription.

The transcript of the record does not furnish us a certificate either by the judge or the clerk, that it contains all the evidence on which the cause was tried in the court below, nor a statement of facts. We cannot, therefore, examine the case on its merits, but confine our attention…

2Cited by1 opinion

  1. Succession of PilcherSupreme Court of Louisiana · 1887

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