M'Neill's Heirs v. Elkins'
Supreme Court of Louisiana
Eastern Dist, APPEAL FROM THE COUItT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiffs allege, that they are the legal heirs of Joseph M'Neill, deceased, who was a creditor of one Edward Brooks, of the city of New-Orleans, who made a surrender of his property, for the benefit of all his creditors, in the year 1813, and that John Poultney, Samuel Elkins, and Maunsel White, were appointed syndics.
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Eastern Dist, APPEAL FROM THE COUItT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiffs allege, that they are the legal heirs of Joseph M'Neill, deceased, who was a creditor of one Edward Brooks, of the city of New-Orleans, who made a surrender of his property, for the benefit of all his creditors, in the year 1813, and that John Poultney, Samuel Elkins, and Maunsel White, were appointed syndics. That Poultney died soon after, and Elkins died in 1835, leaving his estate principally to legatees, residing out of the state, who have sent an agent, duly authorized, to receive the…
1Opinion of the CourtMartin, J.
The plaintiffs state that their ancestor was creditor of Brooks, who made a cession of goods, on which Elkins was appointed syndic, and in that capacity received a large sum of money, which, at his death, remained unaccounted for in his hands. They pray that the executor may file an account of the syndicship, and pay over to the creditors of Brooks the balance due them by the testator ; and that in the meanwhile, the executor be enjoined from paying over the proceeds of the succession to the heirs, until they shall have given security, &c.
The defendants filed an exception to the jurisdiction…
2Cited by3 opinions
- Flanagan v. Land Development Co. of Louisiana, Ltd.Supreme Court of Louisiana · 1923
- Flanagan v. Land Development Co.Louisiana Court of Appeal · 1922
- Willis v. NicholsonSupreme Court of Louisiana · 1872