Elliott v. Labarre
Supreme Court of Louisiana
APPEAR PROM THE COURT OP THE FIRST DISTRICT. The heirs of Elliot brought suit' to recover a lot of ground which belonged to their ancestor at the time of his death, and of which they alleged the defendants were in possession under an invalid title. It appeared that the ancestor died in New-Orleans in 1811, leaving a widow and minor heirs residing in South-Carolina.
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APPEAR PROM THE COURT OP THE FIRST DISTRICT. The heirs of Elliot brought suit' to recover a lot of ground which belonged to their ancestor at the time of his death, and of which they alleged the defendants were in possession under an invalid title. It appeared that the ancestor died in New-Orleans in 1811, leaving a widow and minor heirs residing in South-Carolina. His succession was administered upon as vacant and on the `26th October, 1811, the lot in question was sold by the Register of Wills, but not under the order or by the direction of the judge. Under this sale the defendants set up…
1Opinion of the Court
Porter, .1.,
delivered the opinion of the court.
A éertain Christopher IL Elliott died in New-Orleans in the year 1811, and his widow and heirs not residing in this State, his succession was administered on as vacant, and a curator appointed to it. Among the property left by him was a lot situated in this city. It was sold under the authority of the Court of Probates, and this action is brought by the heirs of the deceased) to evict the possessors claiming title under that sale. The plaintiffs allege it was made without the formalities of law, and that it does not divest them of the title which…
2Cited by5 opinions
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- Hamilton v. McKeeSupreme Court of Louisiana · 1979
- Mallard v. DejanSupreme Court of Louisiana · 1893
- Fradella v. PumiliaSupreme Court of Louisiana · 1933
- Blanchard v. MaureauSupreme Court of Louisiana · 1848