Wells's Heirs v. Lamothe
Supreme Court of Louisiana
WESTERN DlST. APPEAL PROM THE COURT OP THE SIXTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is a petitory action, in which the plaintiffs seek to recover a tract of land, five arpents front, by the depth of forty, situated on Bayou Rapides, formerly the property of their ancestor. The plaintiffs allege that they are entitled to this land, in right of their father, as his legal heirs, and that the defendant holds it without title.
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WESTERN DlST. APPEAL PROM THE COURT OP THE SIXTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is a petitory action, in which the plaintiffs seek to recover a tract of land, five arpents front, by the depth of forty, situated on Bayou Rapides, formerly the property of their ancestor. The plaintiffs allege that they are entitled to this land, in right of their father, as his legal heirs, and that the defendant holds it without title. The defendant pleaded the general issue, and averred that he was the bona fide owner and possessor of the land in question, under a good title. That he,…
1Opinion of the CourtBullard, J.
The appellee moves to dismiss the appeal on two grounds : first, that the transcript was not filed on the return day, nor within three judicial days thereafter ; second, that no legal bond has been given, the principals named in that instrument never having signed it.., I, It appears that the appeal was made returnable on the first Monday in October, 1835, and the transcript was filed on the first Monday of October, 1836. It is shown by the records of the court, that the term of this court for October, 1835, failed entirely, and'no judicial day intervened between the return day and that, on…
2Cases cited2 opinions
- Baldwin v. PrestonSupreme Court of Louisiana · 1822
- Powers v. FoucherSupreme Court of Louisiana · 1822
3Cited by2 opinions
- White v. MaguireSupreme Court of Louisiana · 1861
- Granier v. Louisiana Western RailroadSupreme Court of Louisiana · 1890