Turley v. Dreyfus
Supreme Court of Louisiana
APPEAL from the Eighth Judicial District Court, parish of East Carroll. Montgomery, judge acl hoc. First — An executor stands on a different footing from an administrator, and a judgment agains an executor in one State is grima fade evidence of a debt in a suit against another executor of the same testator in a different State.
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APPEAL from the Eighth Judicial District Court, parish of East Carroll. Montgomery, judge acl hoc. First — An executor stands on a different footing from an administrator, and a judgment agains an executor in one State is grima fade evidence of a debt in a suit against another executor of the same testator in a different State. Hill vs. Tucker, 13 Howard, 458; 10 L. 14; 7 R. 206. See, also, Fisher’s Digest, page 5038. Second — If no appeal had been taken by Frank Willson, executor, from the judgment of the Chancery Court of Tennessee against him in 3874, that judgment could have been made…
1Opinion of the Court
The opinion of the Oourfc was delivered by
Bermudez, C. J.
This is an action to enforce a judgment of a sister State against a succession representative in Louisiana. The case comes up on appeal from a judgment sustaining an exception of no cause of action and dismissing the suit.
The plaintiff alleges that he is the transferree of a judgment for $11,935 66, obtained by James H. Wilson, Jr., against Frank Wilson, executor of James H. Wilson, Sr., his father, from the Chancery Court of Williamson County, Tennessee; that said executor was also the executor of the will of the deceased in this…
2Cases cited9 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Aspden v. NixonSupreme Court of the United States · 1846
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3Cited by6 opinions
- In re the Estate of CrichtonNew York Court of Appeals · 1967
- Richards v. BlaisdellCalifornia Court of Appeal · 1909
- Succession of MachecaSupreme Court of Louisiana · 1920
- Henson v. HensonSupreme Court of Louisiana · 1959
- Hyman v. SuttonLouisiana Court of Appeal · 1924
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