Heirs of Porter v. Hornsby
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of Concordia. Hough, J. The judgment appealed,.from is erroneous for the following reasons, viz.: Eirst. The prescription of five years has no application.
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APPEAL from the Thirteenth Judicial District Court, parish of Concordia. Hough, J. The judgment appealed,.from is erroneous for the following reasons, viz.: Eirst. The prescription of five years has no application. The will under which the testamentary executor qualified and sold the property now sued for by plaintiff was absolutely null, and, therefore, all subsequent proceedings under it were equally so. 1 Rob. 48; 5 Rob. 483 ; 6 An. 242 ; 2 An. 726 ; 28 An. 697 ; 29 An. 660. Second. A probate sale of real estate founded on such proceedings cannot form a just title to serve as the basis of…
1Opinion of the Court
The opinion of the court was delivered by
White, J.
The plaintiffs sue to recover the ownership of a certain plantation. The facts upon which the controversy turns are as follows : William Porter, a resident of the parish of Concordia, died there in 1859. At the instance of A. T. Welch, on the 9th of February, 1859, his nuncupative will, by private act, was admitted to probate, and Welch appointed testamentary executor, an order having been rendered appointing an attorney of absent heirs and for an inventory: The inventory taken showed assets amounting to $51,154 93, consisting of two-pieces of…
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