Mason v. Benedict
Supreme Court of Louisiana
APPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Buchner, J. An absentee may he validly cited, through a curator ad hoc, to answer in the court, within whose territorial jurisdiction is situated property belonging to him, when the purpose of the action is to enforce some real right against the property, orto enforce a contract respecting the same; and in such eases attachment is not necessary to vest the court with jurisdiction.
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APPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Buchner, J. An absentee may he validly cited, through a curator ad hoc, to answer in the court, within whose territorial jurisdiction is situated property belonging to him, when the purpose of the action is to enforce some real right against the property, orto enforce a contract respecting the same; and in such eases attachment is not necessary to vest the court with jurisdiction. Young vs. Upshur, 42 An. p. 3G2; Durruty vs. Mussacchia, 42 An. p. 357. An absent defendant can not he brought into court by substituted…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Plaintiff institutes this action against the defendants for specific performance of an agreement of exchange, dated 14th day of October, 1874.
*398By its terms, plaintiff agreed to exchange with the defendants, residents of the State of New York, certain real estate near Webster station, on the Missouri Pacific railroad, in the county of St. Louis, in the State of Missouri, for a certain plantation known as the “Audubon,” situate in the parish of East Baton Rouge, and State of Louisiana.
' The plaintiff bound herself to pay the mortgages and liens…
2Cited by1 opinion
- Parker v. TillmanSupreme Court of Louisiana · 1955