Calvit v. Mulhollan
Supreme Court of Louisiana
Appeal by the plaintiffs from a judgment of the District Court of Rapides, King, J. It is admitted that the succession of plaintiffs’ mother was a vacant one according to the Code of 1808. Book 3, tit. 1, art. 118. The character of the succession was determined by that Code; (6 La. 441;) and no posterior legislation could destroy or impair rights already acquired by third persons.
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Appeal by the plaintiffs from a judgment of the District Court of Rapides, King, J. It is admitted that the succession of plaintiffs’ mother was a vacant one according to the Code of 1808. Book 3, tit. 1, art. 118. The character of the succession was determined by that Code; (6 La. 441;) and no posterior legislation could destroy or impair rights already acquired by third persons. The purchaser under whom defendants claim, acquired his title, such as might serve as the basis of prescription, more than five years before the promulgation of the Code of 1826 ; and prescription had run for that…
1Opinion of the CourtSimon, J.
We are called upon to reverse a judgment rendered in favor of the defendants, by which they are quieted in their title to, and possession of, a tract of land claimed of them by the plaintiffs in the right, and as the legal heirs and representatives of their deceased mother.
The facts of the case are these: Mary Mayes, wife of Anthony Calvit, died in May, or about the first of .Tune, 1816 : she left four children, the issue of her marriage, to wit: William J., Elizabeth G., James A., and Coleman W. Calvit, who are the plaintiffs in this cause. Among the property which the spouses possessed at…
2Cases cited5 opinions
- Goddard's Heirs v. UrquhartSupreme Court of Louisiana · 1834
- Addison v. New-Orleans Savings BankSupreme Court of Louisiana · 1840
- Davis's Heirs v. ElkinsSupreme Court of Louisiana · 1836
- Robin v. CastilleSupreme Court of Louisiana · 1834
- Testamentary of Lewis v. CasenaveSupreme Court of Louisiana · 1834