Lowery v. Kline
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. The plaintiff alleges that she is the mother and forced heir of Edward Lowery, deceased. That he died, leaving lots, slaves and personal property, worth six thousand five hundred dollars. That defendant pretending to be universal legatee, under his will, has taken possession of all said property.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. The plaintiff alleges that she is the mother and forced heir of Edward Lowery, deceased. That he died, leaving lots, slaves and personal property, worth six thousand five hundred dollars. That defendant pretending to be universal legatee, under his will, has taken possession of all said property. That the legacy is null. 1. Because she lived in open concubinage with the deceased. 2. Because Lowery could not dispose of his whole property, having a forced heir. That J. J. Hall, is in possession' of a slave named Joe, worth one thousand two hundred…
1Opinion of the CourtMartin, J.
The petition states that the plaintiff’s son, whose forced heir she is, left several lots, slaves and some personal estate, of which the defendant Kline is in possession, and to which *386she claims title as universal legatee, except as to a slave, which is in the possession of the defendant Hall. The legacy is alleged to be null, because her son lived in open concubinage with the legatee, and because she left a mother and forced heir.
By his will, which is annexed to the petition, the plaintiff’s son acknowledges, on the 13th of August, 1830, that all the property in his and Kline’s possession,…
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