Legal Opinion

Woodward v. Thomas

Supreme Court of Louisiana

Decided March 15, 1886No. 9648PublishedCited by 15 opinions

APPEAL from the Tenth District Court, Parish of Red River. Hall, J. I. In case heirs neither accept nor reject a succession, it becomes the duty of the judge to appoint one as administrator. R. C. 0.1041. In such case the beneficiary heir is entitled to preference. B. O. C. 1042. Administrators thus chosen have the same powers, and are subject to the same responsibilities as the cuiators of vacant estates.

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APPEAL from the Tenth District Court, Parish of Red River. Hall, J. I. In case heirs neither accept nor reject a succession, it becomes the duty of the judge to appoint one as administrator. R. C. 0.1041. In such case the beneficiary heir is entitled to preference. B. O. C. 1042. Administrators thus chosen have the same powers, and are subject to the same responsibilities as the cuiators of vacant estates. B. O. C. 1049. Administrators thus appointed shall proceed to the sale of the property of the succession, and to the settlement of its affairs, and to the distribution of the surplus, above…

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

This is an action of revendication of certain real estate, claimed as the property of the succession, but in the adverse possession of a third person under a title derived from a tax sale, which is alleged to be null and void.

*240The action was brought in the name of the administrator alone and was met in limine by an exception that the plaintiff in his petition “has set forth no necessity or right to bring this suit -without joining the heirs as co-plaintiffs with him or that it is necessary that lie should recover the property in question in…

2Cases cited1 opinion

  1. Hart v. BoniSupreme Court of Louisiana · 1833

3Cited by15 opinions

  1. Succession of McBurneySupreme Court of Louisiana · 1926
  2. Miguez v. DelcambreSupreme Court of Louisiana · 1910
  3. Johnston v. BurtonSupreme Court of Louisiana · 1942
  4. Gregory v. HardwickSupreme Court of Louisiana · 1950
  5. Danos v. Waterford Oil Co.Court of Appeals for the Fifth Circuit · 1959

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