McKenzie v. Bacon
Supreme Court of Louisiana
APPEAL from the First District Court, Parish of Caddo. Taylor, J. 1.An action for the revendioation of real property is properly brought before the court ' having jurisdiction over the property.
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APPEAL from the First District Court, Parish of Caddo. Taylor, J. 1.An action for the revendioation of real property is properly brought before the court ' having jurisdiction over the property. C. P. art. 163 ; 0. 0. 56. 2.Absent defendants in such an action may be represented by a curator ad hoc. 6 Ann. 048, 3.It the absent defendant is not a necessary party, the suit should not be dismissed as to other defendants who have been cited and have not pleaded to the jurisdiction. Ibid. 4.An action for revendioation of real property is not a personal action. O. P., art. 41. 3. [* A curator ad hoc…
1Opinion of the Court
The opinion of the Court was delivered by
PochJd, J.
Plaintiffs brought their action for the dissolution of a sale of an immovable for uon-payment of the price, and filed it in the parish of Caddo, where the property is situated. They sought to bring the non-resident heirs of the original vendee into court by means of the appointment of a curator ad hoc. The other and successive vendees and their legal representatives are all residents of the State.
The curator excepted to the jurisdiction of the court on the ground, substantially, that the non-resident defendants, who own no property in this…
2Cited by3 opinions
- Smart v. BibbinsSupreme Court of Louisiana · 1902
- Browne v. GajanLouisiana Court of Appeal · 1937
- Griffith v. EnochsDistrict Court, W.D. Louisiana · 1942