Mather v. Lehman
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. It is the duty of the counsel, appointed by the judge of the place where the succession is opened, to represent the absent heirs, not only ip the inventory, but in ali the acts required by law to be done.
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APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. It is the duty of the counsel, appointed by the judge of the place where the succession is opened, to represent the absent heirs, not only ip the inventory, but in ali the acts required by law to be done. R. C C. 1211. “The code makes it imperative on curators of absent heirs, when one of the heirs is present, to sue for a partition, and makes the curators competent parties, in asuit for partition, to represent, in every respect, the absent heirs. It cannot, therefore, be said that proper and competent parties were not…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Plaintiff institutes this suit to compel the defendant’s compliance with the terms of his contract to buy of him a cer*618tain piece of improved real estate, situated in the sixth municipal district of the city of New Orleans, in the square bounded by Antoine, Foucher and Prytania streets and St. Oharles avenue, having a frontage on the latter of 175 feet, for the consideration of $13,000.
The defendant admits the contract, but denies the validity of the title tendered him, averring that on the 30th of November, 1868, one James O’Dowd purchased…
2Cited by1 opinion
- Williams v. William J. Athens Lumber Co.U.S. Circuit Court for the District of Eastern Louisiana · 1894