Legal Opinion

Davis's Heirs v. Elkins

Supreme Court of Louisiana

Decided February 15, 1836PublishedCited by 7 opinions

ATrEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action of revendication. The plaintiffs, heirs and legal representatives of Marcia Davis, deceased, late wife of George W. Dewees, on the 13th of March, 1833, instituted suit to recover the one undivided moiety of four and a half lots of ground in New-Orleans, in the possession of the defendants.

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ATrEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action of revendication. The plaintiffs, heirs and legal representatives of Marcia Davis, deceased, late wife of George W. Dewees, on the 13th of March, 1833, instituted suit to recover the one undivided moiety of four and a half lots of ground in New-Orleans, in the possession of the defendants. The plaintiffs show, that in the year 1800, George W. Dewees and Marcia Davis, were married in the city of Philadelphia, add shortly afterwards removed to this state, then Territory of Orleans. That during their residence here and the…

1Opinion of the CourtMathews, J.

In this case the plaintiffs claim as heirs of Marcia Davis, late wife of George W. Dewees, an undivided half of certain real property described in their petition which made a part of the matrimonial community of acquests and gains acquired during the marriage, and to which they allege title as having succeeded to the rights of Mrs. Dewees, who died in 1813.

The answers of the defendants contain, all of them, a general denial of the facts alleged in the petition, and in many of them prescription of ten and twenty years is pleaded. The court below decided the cause in their favor on the plea of…

2Cited by7 opinions

  1. Thibodeaux v. ThibodeauxSupreme Court of Louisiana · 1904
  2. McCullough v. MinorSupreme Court of Louisiana · 1847
  3. People v. WaitchesAppellate Court of Illinois · 1937
  4. Calvit v. MulhollanSupreme Court of Louisiana · 1845
  5. Calvit v. MulhollanSupreme Court of Louisiana · 1845

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