Minors of Poultney v. Barrett
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action of revendication for a lot of ground in the city of New-Orleans. The plaintiffs, Matilda and Emily Poultney, minors over twelve years of age, assisted by their mother as natural tutrix, and J. R. Grymes as under tutor, on the 11th of February, 1833, instituted this suit against the defendant Barrett, who is in possession, to recover a lot of ground situated on Canal street.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action of revendication for a lot of ground in the city of New-Orleans. The plaintiffs, Matilda and Emily Poultney, minors over twelve years of age, assisted by their mother as natural tutrix, and J. R. Grymes as under tutor, on the 11th of February, 1833, instituted this suit against the defendant Barrett, who is in possession, to recover a lot of ground situated on Canal street. They allege that they are the legitimate children of John Poultney, deceased, and Emily Tauton his wife. That John Poultney died on the 23d of…
1Opinion of the Court
Martín, J.
delivered the opinion of the court.
The minors are appellants from a judgement of non-suit, given against them on the ground that no administrator had been appointed to the estate of their deceased father.
This decision is directly in contradiction with that which wc lately pronounced in the case of Erwin et als vs. Orillon, ante, p. 205, which we have reconsidered, and it has not appeared to us proper to change the opinion then formed.
It is, therefore, ordered, adjudged and decreed, that the judgement of the District Court be annulled, avoided and reversed, the non-suit set aside,…
2Cited by2 opinions
- Kelley v. KelleySupreme Court of Louisiana · 1941
- Succession of LammSupreme Court of Louisiana · 1888