Vance v. Noel
Supreme Court of Louisiana
Appeal from First Judicial District Court, Parish of Caddo; R. D. Webb, Judge. Action by R. W. Vance, curator, of an interdict against \V. E. Noel, Jr., and another, who called in their vendor in warranty to defend the title. From a judgment sustaining warrantor’s exception of no cause of action, plaintiff appeals.
1Opinion of the CourtO’Niell, J.
Plaintiff appeals from a judgment dismissing his suit on an exception of uo cause of action. He sued as the curator of an interdict, to have the latter recognized as the owner of an undivided interest in certain land and to have the land divided in kind. The defendants, answering the suit, claimed full ownership of the property, and called their vendor in warranty to defend the title. The warrantor filed an exception of no cause or right of action. Plaintiff filed a motion to dismiss the call in warranty, on the ground that the partition suit was a summary proceeding, which should not he…
2Cases cited7 opinions
- Aubert v. AubertSupreme Court of Louisiana · 1851
- Vance v. NoelSupreme Court of Louisiana · 1918
- Sprowl v. LockettSupreme Court of Louisiana · 1903
- Succession of EarhartSupreme Court of Louisiana · 1898
- State ex rel. Remendo v. Judge of Second District Court of New OrleansSupreme Court of Louisiana · 1865
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