M'Donough v. Hart
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE EIGHTH DISTRICT, THE JUDGE OF THE THIRD PRESIDING. In 1829, John McDonough brought many suits in the parish of St. Helena, to interrupt prescription, and among the defendants, prayed to be cited, were Robt. Hart and others, heirs of Robert Hart, deceased. The citation was served on the widow of the late Robert Hart, deceased.
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APPEAL FROM THE COURT OF THE EIGHTH DISTRICT, THE JUDGE OF THE THIRD PRESIDING. In 1829, John McDonough brought many suits in the parish of St. Helena, to interrupt prescription, and among the defendants, prayed to be cited, were Robt. Hart and others, heirs of Robert Hart, deceased. The citation was served on the widow of the late Robert Hart, deceased. On the 27th July, 1829, Robert Hart, Margaret Hart, widow, (and as natural tutrix of Horatio Hart,) answered and filed also a plea in reconvention for damages, and to recover back seventeen hundred dollars, alleged to have been paid by Robert…
1Opinion of the CourtMartin, J.
The plaintiff brought a suit against several individuals settle^ on land which he claimed, with the view of interrupting prescription. The defendants were among them and pleaded in reconvention,- that their ancestors had purchased the tracts they were on from the plaintiff and Shepperd Brown, and claimed the repayment of seventeen hundred dollars, they had paid therefor. He suffered a non-suit against all the defendants, but these insisted on judgment, on their plea in reconvention. It was given against them as in case of non-suit, and they appealed.
Their counsel have contended that the suit…
2Cited by2 opinions
- Rives v. StarckeSupreme Court of Louisiana · 1940
- Coxe v. DownsSupreme Court of Louisiana · 1844