Hibernia Bank & Trust Co. v. Whitney
Supreme Court of Louisiana
Appeal from Twenty-Sixth Judicial District •Court, Parish of St. Tammany; Thomas Moore Burns, Judge. Petitory action by the Hibernia Bank & Trust Company, dative tutor of Elenore Pochelu, an infant, against George M. Whitney. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtBreaux, C. J.
This is a petitory action instituted by plaintiff to recover lands for its ward, Elenore Pochelu, claimed by plaintiff as belonging to her by inheritance from her late father, Raymond P. Pochelu. He died testate, a fact which plaintiff wishes to pass over and ignore.
The defendant interposed an exception to ■the petition, alleging, among other defenses, that plaintiff cannot prosecute this action, the succession being in the possession of the testamentary executor; that the succession was accepted for the minor, with benefit of inventory; that it was in debt, and that the property plaintiff…
2Cases cited7 opinions
- Lalanne's Heirs v. MoreauSupreme Court of Louisiana · 1839
- Heirs of Ford v. MillsSupreme Court of Louisiana · 1894
- Beland v. GebelinSupreme Court of Louisiana · 1894
- Bankston v. Owl Bayou Cypress Co.Supreme Court of Louisiana · 1906
- Duson v. DupréSupreme Court of Louisiana · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Succession of RouseSupreme Court of Louisiana · 1918
- Hibernia Bank & Trust Co. v. WhitneySupreme Court of Louisiana · 1912
- Lacroix v. Hibernia Bank & Trust Co.Supreme Court of Louisiana · 1914