Miller v. Miller
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of Con-cordia. Hough, J. ¡Plaintiff contends that the sale of certain real estate made by order of the probate court, in the succession of her late husband, at the instance of the testamentary executor,- is null and void for the following reasons: ¡First.
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APPEAL from the Thirteenth Judicial District Court, parish of Con-cordia. Hough, J. ¡Plaintiff contends that the sale of certain real estate made by order of the probate court, in the succession of her late husband, at the instance of the testamentary executor,- is null and void for the following reasons: ¡First. The will itself, a nuncupative one by private act, was null and void, because it does not appear by whom, or where, or in whose presence it was read at the time of making the same. Prescription of five years does not apply. C. C. 1582; 5 Rob. 481; 6 An. 242 ; 1 Rob. 48 : 2 An. 926.…
1Opinion of the Court
The opinion of the court was delivered by
White, J.
This is a petitory action to recover a plantation in the parish of Concordia. Before stating the prayer of the petition, it will be well to state briefly the facts on which the cause of action is based, in order to a clear apprehension of the issues presented for decision: ■ David F. Miller was twice married, his second wife being the plaintiff' in this suit. In 1856, during the existence of the second marriage, John A. Miller sold to Anna S. Miller, wife of David F. Miller, the land in controversy; the price of the sale was $38,638 14, all on…
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