Legal Opinion

Erwin v. Lowry

Supreme Court of Louisiana

Decided September 15, 1846Published

APPEAL from the Court of Probates of Madison, Downes, J. The Court of Probates was without jurisdiction, of the matter presented by the petition of intervention. Code of Pract. arts. 924 § 13, 983, 984, 986, 392, 389. Gill v. Phillips, 6 Mart. N. S. 304. Lawson v. Ripley, 17 La. 284. Copley v. Faulk, 3 Rob. 100. The question, as one of fraud, should be tried by a jury, before a court of ordinary jurisdiction.

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APPEAL from the Court of Probates of Madison, Downes, J. The Court of Probates was without jurisdiction, of the matter presented by the petition of intervention. Code of Pract. arts. 924 § 13, 983, 984, 986, 392, 389. Gill v. Phillips, 6 Mart. N. S. 304. Lawson v. Ripley, 17 La. 284. Copley v. Faulk, 3 Rob. 100. The question, as one of fraud, should be tried by a jury, before a court of ordinary jurisdiction. Casanova v. Acosta, 1 La. 183. Lessassier v. Lessassier, 15, La. 55. Curtis v. Curtis, 3 La. 519. The intervention was properly brought before the court in which the principal action was…

1Opinion of the Court

The judgment of the court was pronounced by

Eusns, C. J.

The plaintiff, in 1842, instituted suit in the Court of Probates of the parish of Madison against the defendant, curator of the succession of McNeil, on-two notes, drawn by the deceased, and secured by mortgage on certain lands and slaves. The plaintiff was non-suited at the trial, and, on an appeal, the non-suit was set aside, and it was decreed that the notes sued on be set down and admitted as a valid and legal mortgage claim against the estate administered by the defendant, and that the same be paid in due course of administration. 6…

2Cases cited5 opinions

  1. Fleming v. HiligsbergSupreme Court of Louisiana · 1845
  2. Succession of ThomasSupreme Court of Louisiana · 1845
  3. Stone v. MinorSupreme Court of Louisiana · 1843
  4. Succession of GoodrichSupreme Court of Louisiana · 1842
  5. Elkin's Heirs v. BerrySupreme Court of Louisiana · 1840

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