Badon v. Bahan
Supreme Court of Louisiana
[froin the District Court of St, Tammany. Penn, J. on the question of the prescription of ten years, contended: That there is no evidence in the record of the acceptance of the succession of Henry Badon by his heirs, and that therefore it must be considered a vacant succession, and that prescription runs against vacant successions. “ A succession is called vacant when no one claims it, or when all the known heirs to it have renounced it.”
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[froin the District Court of St, Tammany. Penn, J. on the question of the prescription of ten years, contended: That there is no evidence in the record of the acceptance of the succession of Henry Badon by his heirs, and that therefore it must be considered a vacant succession, and that prescription runs against vacant successions. “ A succession is called vacant when no one claims it, or when all the known heirs to it have renounced it.” Civil Code, art. 1088. The evidence shows that Henry Badon died, leaving a widow and four minor children present, and according to the foregoing definition…
1Opinion of the Court
*469The judgment of the court, (Eustis, C. J. absent,) was pronounced by
King, J.
The plaintiffs claim three-tenths of a tract of land, alleging that they acquired it by inheritance from their ancestor Henry Badon, and their uncle Zenon Badon. The defendant avers that Robert Badon and wife were the legal owners of the entire tract, and that they and their heirs possessed it peaceably and without interruption for more than forty years; that he acquired a legal and equitable title to it, at a judicial sale of all the rights of the heirs of Robert Badon, made on the 3d July, 1847. He further pleads…
2Cases cited3 opinions
- Andrews v. RhodesSupreme Court of Louisiana · 1845
- Badon's Heirs v. FoucherSupreme Court of Louisiana · 1840
- Baker v. ThomasSupreme Court of Louisiana · 1832
3Cited by1 opinion
- St. Romes v. Levee Steam Cotton Press Co.Supreme Court of the United States · 1888