Legal Opinion

Carroll v. Cockerham

Supreme Court of Louisiana

Decided November 15, 1886No. 9650PublishedCited by 17 opinions

A PPEAL from the Tenth District Court, Parish of Bed Biver. A Hall, J. i. A partial history of this case may he found in the following opinions of this Court, viz: 32 Aun. 141; 34 Ann. 423; 35 Aim. 281. II. Of the exception of no cause of action.

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A PPEAL from the Tenth District Court, Parish of Bed Biver. A Hall, J. i. A partial history of this case may he found in the following opinions of this Court, viz: 32 Aun. 141; 34 Ann. 423; 35 Aim. 281. II. Of the exception of no cause of action. This is an action of reduction oí an excessive and inofficious donation brought by two forced heirs against a third person, for the recovery of two-fiffchs of two-thirds of certain real estate that was donated by their father to their mother, “contrary to natural duty,” and in disparagement of their legitime, and which immovable was alienated by said…

1Opinion of the Court

*817The opinion of the Court was delivered by

Todd, J.

The plaintiffs, as forced heirs of Madison Carroll, sue to annul a elation en paiement of a plantation described in their petition, made by the said Madison Carroll to his wife, Mrs. E. A. Carroll, in 1866, and also subsequent conveyances of the same, judicial and conventional, by or through which it passed to the defendant and present claimant. Madison Carroll died shortly after the dation was executed and plaintiffs base their action on the ground that this disposition of the property was without consideration and infringed on their legitime…

2Cited by17 opinions

  1. Cox v. Von AhlefeldtSupreme Court of Louisiana · 1901
  2. Thompson v. ThompsonSupreme Court of Louisiana · 1947
  3. Little v. BarbeSupreme Court of Louisiana · 1940
  4. Jones v. JonesSupreme Court of Louisiana · 1907
  5. Henley v. FosterSupreme Court of Alabama · 1930

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