Legal Opinion

Testamentary of Lewis v. Casenave

Supreme Court of Louisiana

Decided May 15, 1834PublishedCited by 4 opinions

APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF NEW-ORLEANS. On motion of testamentary executor of Robert Lewis, it J was ordered that J. B. D. Casenave, show cause why a distringas should not' issue to compel him to comply with the conditions of the sale, made of the slaves of said estate, on the 15th of November last, at public auction, by William Flower, at which sale said Cazenave bought a negro man named Archer, for the sum of eight hundred dollars, as appeared by…

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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF NEW-ORLEANS. On motion of testamentary executor of Robert Lewis, it J was ordered that J. B. D. Casenave, show cause why a distringas should not' issue to compel him to comply with the conditions of the sale, made of the slaves of said estate, on the 15th of November last, at public auction, by William Flower, at which sale said Cazenave bought a negro man named Archer, for the sum of eight hundred dollars, as appeared by the process verbal of Flower, on file in court. The defendant in answer to tire rule, excepted to the jurisdiction of the…

1Opinion of the CourtMathews, J.

This is a proceeding instituted and now carried on by the executor and heirs of Robert Lewis, to compel the defendant to comply with the terms of sale of a certain slave, sold by order of the Court of Probates, as belonging to the succession of the testator. The sale was made at auction, on a credit of four months. The slave was delivered to the defendant, and' two 'days after being taken home, was permitted by his new master to go to some place for his clothes; he did not return but absconded. An exception to the jurisdiction of the court below, was taken on the part of the defendant, which…

2Cases cited1 opinion

  1. Palfrey v. RivasSupreme Court of Louisiana · 1820

3Cited by4 opinions

  1. Mossy Motors v. McRedmondLouisiana Court of Appeal · 1943
  2. Alford v. TiblierLouisiana Court of Appeal · 1884
  3. Calvit v. MulhollanSupreme Court of Louisiana · 1845
  4. Succession of Lund v. Baccich & De MontluzinSupreme Court of Louisiana · 1913

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