Legal Opinion · Concurrence

Succession of Waters

Supreme Court of Louisiana

Decided February 15, 1857Published

APPEAL from the Second District Court of New Orleans, Morgan, J.

1ConcurrenceSpofford, J.

The equivocal phraseology of Article 789 of the Napoleon Code, which has so long puzzled and divided the French commentators, was unfortunately perpetuated in our imitative codes.

We have to determine not what was meant in France, but what was the understanding of the Louisiana Legislature. In the search for that understanding, we should look at all the legislation upon the same subject, since an ambiguous phrase in one Article may sometimes bo made clear by reference to an*100other Article in connection with it. Especially if our lawgivers, while upon the general subject, have added anything to…

2Cases cited3 opinions

  1. Cooley v. SeymourSupreme Court of Louisiana · 1836
  2. Zacharie v. BlandinSupreme Court of Louisiana · 1832
  3. George v. FitzgeraldSupreme Court of Louisiana · 1838

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