Glasscock v. Clark
Supreme Court of Louisiana
APPEAL from the Ninth Judicial District Court, parish of Concordia, Hough, J, Where the plaintiffs claimed three-tenths of a certain tract of land and plantation as heirs of their deceased mother, who had an undivided community of interest in said plantation now in possession of defendant,- Held — That plaintiffs’ petition discloses no cause of action, inasmuch as it is not alleged that the community between the plaintiffs’ father and mother owed no debts, nor that anything…
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APPEAL from the Ninth Judicial District Court, parish of Concordia, Hough, J, Where the plaintiffs claimed three-tenths of a certain tract of land and plantation as heirs of their deceased mother, who had an undivided community of interest in said plantation now in possession of defendant,- Held — That plaintiffs’ petition discloses no cause of action, inasmuch as it is not alleged that the community between the plaintiffs’ father and mother owed no debts, nor that anything remained after paying the debts thereof.
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiffs, as heirs of their mother, sue to be decreed the owners of an undivided interest of certain real estate acquired during the community between her and her husband, and which the latter assumed of his own authority to sell, as a unit, after her death.
The defendant filed a peremptory exception of no cause of action, which was sustained, and the suit was consequently dismissed.
The District Judge assigned no reasons in support of his decree, other than that the law was “ in favor of sustaining said exception.”
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2Cases cited2 opinions
- Bennett v. MorrisSupreme Court of Pennsylvania · 1835
- Lee v. WrightSupreme Court of Pennsylvania · 1829
3Cited by15 opinions
- Long v. ChailanSupreme Court of Louisiana · 1937
- Bossier v. HerwigSupreme Court of Louisiana · 1904
- Tomme v. TommeSupreme Court of Louisiana · 1932
- Daigre v. DaigreSupreme Court of Louisiana · 1956
- Demoruelle v. AllenSupreme Court of Louisiana · 1950
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