Heirs of Fly v. Noble
Supreme Court of Louisiana
APPEAL from the Fifth District Court, Parish of Ouachita. Morgan, J. ad hoc. 1.In ©very succession in which some of the heirs are absont, an attorney for absent heirs should bo appointed. E. C. C., 1210,1661. 2.Especially is this the case where the will and application to probate it shows that on© of the test heirs is an absentee.
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APPEAL from the Fifth District Court, Parish of Ouachita. Morgan, J. ad hoc. 1.In ©very succession in which some of the heirs are absont, an attorney for absent heirs should bo appointed. E. C. C., 1210,1661. 2.Especially is this the case where the will and application to probate it shows that on© of the test heirs is an absentee. E C. C. 1661, 3.His duties are to “assist for them at the inventory,” “to inform, with all possible diligence, those whom he represents, of the opening of the succession, and to correspond with them;” “ to take care of their interests and to oppose everything which…
1Opinion of the Court
The opinion of tho Court was delivered by
Bermudez, C. J.
This is an action by heirs to annul a judgment rendered against their ele cvjus, W. E. Ely, during his absence «from the State, and also to avoid the sale of his property made under it. Prayer is further made for rents and revenues and for a partition of the estate of the deceased, Mrs. Noble.
The suit is brought against the judgment creditor, Eli Noble, and the transferree thereof, Mrs. Watt, who subsequently became adjudicatee of the property.
They deny tlie pretensions of plaintiffs, aver the validity of the judgment, of tho transfer…
2Cases cited3 opinions
- Aubry v. CajusSupreme Court of Louisiana · 1835
- McMicken v. Estate of FicklinSupreme Court of Louisiana · 1830
- Rouzan v. Rouzan's CuratorSupreme Court of Louisiana · 1841
3Cited by4 opinions
- First Nat. Bank & Trust Co. of Vicksburg v. DrexlerLouisiana Court of Appeal · 1936
- Eden v. JohnsonLouisiana Court of Appeal · 1965
- Walker v. WallerLouisiana Court of Appeal · 1925
- Walker v. WallerLouisiana Court of Appeal · 1925