Legal Opinion

State v. Brown

Supreme Court of Louisiana

Decided October 15, 1880No. 29PublishedCited by 8 opinions

PPEAL from the Second Judicial District Court, parish of Bossier.. Brew, J. First — In an indictment, ownership cannot in terms be laid in the estate of a person deceased, but it may be in the administrator by name. Bishop on O. P. vol. II, 3d ed., sec. 725 ; Archbold’s O. P. 10th ed., vol. II, sec. 357 ; Wharton’s O. L. vol.

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PPEAL from the Second Judicial District Court, parish of Bossier.. Brew, J. First — In an indictment, ownership cannot in terms be laid in the estate of a person deceased, but it may be in the administrator by name. Bishop on O. P. vol. II, 3d ed., sec. 725 ; Archbold’s O. P. 10th ed., vol. II, sec. 357 ; Wharton’s O. L. vol. II, 1837 ; State vs. Woodley, 25 Ga. 235Cole vs. Com. 5 Grattan, 696. Second' — If the owner be unknown, they may be laid as “the goods of a person unknown,” but this should be stated in the bill. Wharton’s C. L. 1835 ; Archbold I, p. 1160.

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

This case presents the same assignments of error which were considered and disposed of by us in the case of the State vs. Mason, just decided by us at this term, and for the reasons assigned by us in that case, they are overruled.

Defendant in this case, however, asks the reversal of the judgment on another ground. The indictment is for severing crop “ from the soil of another,” under section 2 of Act No. 8, Ex. Sess. of 1870; and charges the soil to be “ the soil of the succession of N. W. Sentell, deceased, worked and rented by Shed Collins.”

2Cited by8 opinions

  1. Tulane University v. Board of AssessorsSupreme Court of Louisiana · 1905
  2. Succession of LevySupreme Court of Louisiana · 1905
  3. Davidson v. American Paper Mfg. Co.Supreme Court of Louisiana · 1937
  4. Culpepper v. SlaterLouisiana Court of Appeal · 1961
  5. Succession of BlumbergSupreme Court of Louisiana · 1921

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