Mudd v. Stille's Heirs
Supreme Court of Louisiana
APPEAL PROM THE COURT OP PROBATES POR THE PARISH OP ST. LANDRY. In October, 1823, Margaret C. Stille and Fernando Gayoso, promised to pay Theodore Mudd, or order, the sum of |>4,000in ten years, with ten per centum interest, from the 1st of April until final payment; the interest to be paid annually. On the 18th of January, 1828, the note was endorsed over to the plaintiff. In May, 1829, Madam Stille died, and James Stille was appointed the administrator of her estate.
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APPEAL PROM THE COURT OP PROBATES POR THE PARISH OP ST. LANDRY. In October, 1823, Margaret C. Stille and Fernando Gayoso, promised to pay Theodore Mudd, or order, the sum of |>4,000in ten years, with ten per centum interest, from the 1st of April until final payment; the interest to be paid annually. On the 18th of January, 1828, the note was endorsed over to the plaintiff. In May, 1829, Madam Stille died, and James Stille was appointed the administrator of her estate. This action was brought against the administrator to recover four hundred dollars, the conventional interest which had…
1Opinion of the Court
Martin J.,
delivered the opinion of the court.
The defendants and appellants complain of the judgment of the Court of Probates, urging that it erroneously charged them, jointly and severally, for a debt of their ancestor, and with interest on interest.
On the first point we have most positive legislative provision in our code, that heirs are liable only for the part which they have in the succession. La. Code 1376,2107: and this is the case, even where they have made no inventory, 1374. The plaintiff has referred us to the articles 982, 983, 984, 1332 of the La. Code, none of which supports the…
2Cited by6 opinions
- Eustis v. St. GermainLouisiana Court of Appeal · 1935
- Bacon v. SmithSupreme Court of Louisiana · 1847
- Lacy v. FergusonLouisiana Court of Appeal · 1884
- McStea & Value v. Warren & CrawfordSupreme Court of Louisiana · 1874
- Nolan v. HarrisLouisiana Court of Appeal · 1914
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