Legal Opinion

Lavigne's Heirs v. Chalambert

Supreme Court of Louisiana

Decided March 15, 1837PublishedCited by 1 opinion

Eastern- Dist. ArrEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiffs demanded of the probate judge, that a certain lot of ground in the city of New-Orleans, in the possession of the defendant, and claimed by her, should be plaCed on the inventory of the succession of J. Lavigne, deceased. They pray that the • defendant, Marié Jeaune Chalambert, be cited and made a party to the inventory.

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Eastern- Dist. ArrEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiffs demanded of the probate judge, that a certain lot of ground in the city of New-Orleans, in the possession of the defendant, and claimed by her, should be plaCed on the inventory of the succession of J. Lavigne, deceased. They pray that the • defendant, Marié Jeaune Chalambert, be cited and made a party to the inventory. The defendant set up title to the lot of ground in question, which is stated at length, and averred that she was the true owner. She prays that the demand be dismissed. The…

1Opinion of the CourtBullard, J.

The appellant was made a party to certain proceedings, by which the plaintiffs sought to include in an inventory of their ancestor’s estate, part of a lot of ground which she had possessed for several years as owner. In her answer she set up title to the lot by purchase and prescription.

These pleadings present a question of title to real estate, which the Court of Probates is without jurisdiction to try and determine. The appellant is a stranger to the succession of Lavigne, and in possession of property to which she asserts title in herself, and if the heirs of Lavigne pretend to a better…

2Cited by1 opinion

  1. Succession of DesinaSupreme Court of Louisiana · 1907

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