Morton v. Packwood
Supreme Court of Louisiana
PPEAL from the Fifth District Court of New Orleans, Buchanan, J. The facts of this case are stated- at length in the opinion of the court infra. The exception must be determined by art. 2265 of the Civil Code. The quality of one' of the parties is not the same in these two suits.
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PPEAL from the Fifth District Court of New Orleans, Buchanan, J. The facts of this case are stated- at length in the opinion of the court infra. The exception must be determined by art. 2265 of the Civil Code. The quality of one' of the parties is not the same in these two suits. In the first Packwood appears neither in, the pleadings nor in the judgment in his personal quality, but always in his representative quality, as testamentary executor of the will of Alice Packwood, deceased. The original petition filed By two of the present' plaintiffs, simply calls upon him in his representative…
1Opinion of the Court
The judgment of the oourtwas pronounced by
Eustis, C. J.
The plaintiffs sue as the heirs of the late Alice Packwood, wife of the defendant, who died in the city of New York, in 1840, claiming to be recognized as the owners of seven-tenths of an undivided moiety of a plantation situated in the parish of Plaquemines, with the slaves thereto belonging; they pray for a partition of the same, and for an account of the revenues and profits received by the defendant, since the 27th of July, 1840. There was an exception of res judicata on the part of the defendant, which was overruled as to one of the…
2Cases cited1 opinion
- Succession of PackwoodSupreme Court of Louisiana · 1845
3Cited by1 opinion
- Werlein v. New OrleansSupreme Court of the United States · 1900