Vinet v. Bres
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. On Motion to Dismiss. Plaintiff alleged that Alexander W. Weems was the owner of a certain body of land in St. Tammany parish; that on the 28th of'August, 1890, he sold the same to William L. Wooten for six thousand dollars, the price evidenced by ten notes of the purchaser to his own order, and by him endorsed in blank, each for six hundred dollars, maturing at different dates, which notes were…
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. On Motion to Dismiss. Plaintiff alleged that Alexander W. Weems was the owner of a certain body of land in St. Tammany parish; that on the 28th of'August, 1890, he sold the same to William L. Wooten for six thousand dollars, the price evidenced by ten notes of the purchaser to his own order, and by him endorsed in blank, each for six hundred dollars, maturing at different dates, which notes were secured by special mortgage and vendor’s privilege on the property sold. That on the 12th of January, 1893, Wooten sold the…
1Opinion
On the Merits.
Watkins, J.
This case is the same one we had before us, and the motion to dismiss which, for want of jurisdiction, we decided on the *126016th of December, 1895, and we refer to our opinion thereupon for a statement of facts applicable to the merits.
I
The first thing to be considered is defendant’s exception to the capacity of J. B. Vinet, public administrator of the parish of Orleans, to be appointed dative testamentary executor of the succession of A. W. Weems, Sr., deceased, his contention being that he had no power or authority conferred upon him by law to qualify or act as…
2Cases cited3 opinions
- Tiernan v. MartinSupreme Court of Louisiana · 1842
- Mitchell v. CooleySupreme Court of Louisiana · 1843
- Wiggin v. FlowerSupreme Court of Louisiana · 1843