Succession of Fellon
Supreme Court of Louisiana
Appeal from Twenty-Ninth Judicial District Court, Parish of 'St. Bernard; E. Emmet Hingle, Judge. Opposition by Manuel Oscar Buras and another to the final account filed by Ernest Albin Pellón, as dative testamentary executor of Ernest Pellón, deceased. Oppositions maintained, and the dative testamentary executor appeals.
1Opinion
On Rehearing.
SOMMERVILLE, J.
[2] The plea of prescription of one year filed by the executor to the claims of opponents for nursing, and board and lodging, was overlooked by the court in disposing of the case on the original hearing. The plea was filed in this court, and was not before the district court. It must be sustained in part, and the judgment appealed from will be amended. Article 3534, C. C., provides that claims of innkeepers and such others on account of lodging and board which they furnish shall be prescribed in one year. Therefore the claim of Manuel O. Buras, for board and…
2Cases cited2 opinions
- Succession of AlexanderSupreme Court of Louisiana · 1903
- Vaughn v. TerrellSupreme Court of Louisiana · 1871