Cloutier v. Lemée
Supreme Court of Louisiana
APPEAL from the Eleventh Judicial District Court, parish of Natchitoches. Pierson, J. Kirst — Laws of prescription are in their very nature arbitrary and against equity, and cannot Re relaxed except under positive law providing for interruption and suspension; there are no legal causes of interruption or suspension except those incorporated in the Civil Code.
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APPEAL from the Eleventh Judicial District Court, parish of Natchitoches. Pierson, J. Kirst — Laws of prescription are in their very nature arbitrary and against equity, and cannot Re relaxed except under positive law providing for interruption and suspension; there are no legal causes of interruption or suspension except those incorporated in the Civil Code. Second — The acknowledgment of an obligation by an administrator only interrupts prescrip- * tion, hut does ijiot suspend it; that his acknowledgment as a fiduciary should have greater effect as against the estate of a deceased person…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Plaintiffs, as heirs at law of J. B. Cloutier, Sr., deceased, joined by Ambrose Deblieux, principal obligor on the twelve-months’ bonds hereafter named, are actors in this suit to restrain the seizure and sale of a plantation under a writ of fi. fa. issued on two twelvemonths’ bonds executed by Ambrose and Marzalie Deblieux in favor of *307A. H. Pierson, syndic of the creditors of the succession of J. B. ■Cloutier, Sr.
The heirs allege that they are owners of the property seized in virtue of their heirship; that the same was sold under order of…
2Cited by7 opinions
- Tua v. CarriereSupreme Court of the United States · 1886
- Anding v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1925
- King v. GuynesSupreme Court of Louisiana · 1907
- Mayfield v. RichardsSupreme Court of the United States · 1885
- Dimitry v. Shreveport Mut. Bldg. Ass'n.Supreme Court of Louisiana · 1929
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