Taylor v. Allen
Supreme Court of Louisiana
Appeal from Third Judicial District Court, Parish of Claiborne; J. E. Reynolds, Judge. Suit by Lillie G. Taylor against Angeline Allen to have petitioner recognized as sole heir of a decedent and put in possession of decedent’s lands described in the petition. Judgment for petitioner, and the State and George West appeal as parties aggrieved by the judgment.
1Opinion
On the Merits.
PROYOSTY, J.
The facts of this case have been fully stated in the opinion of the majority of the court on the motion to dismiss.
[8] Article 1042 of the Code of Practice requires the testimony to be reduced to writing in courts of probate, and this court has held that where this has not been done, and the record as made up is deficient for enabling this court to pass upon the case, the judgment will be set aside. Succession of Girardey, 44 La. Ann. 548, 10 South. 851; Succession of Woods, 36 La. Ann. 757. And as the testimony was not thus taken down in this case, the appellant…
Also in this document: Dissent.
2Cases cited11 opinions
- Succession of VanceSupreme Court of Louisiana · 1903
- Lange v. RichouxSupreme Court of Louisiana · 1834
- Cordill v. Quaker Realty Co.Supreme Court of Louisiana · 1912
- Succession of HébertSupreme Court of Louisiana · 1881
- Briggs v. McLaughlinSupreme Court of Louisiana · 1913
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