Succession of Pigneguy
Supreme Court of Louisiana
Appeal from the Court of Probates of New Orleans, Ber-mudez, J. This is not an action of trespass; nor does plaintiff sue for damages ; yet the court reasoning upon it as such, has affirmed the judgment below, which declared that there has been an implied sale of the property.
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Appeal from the Court of Probates of New Orleans, Ber-mudez, J. This is not an action of trespass; nor does plaintiff sue for damages ; yet the court reasoning upon it as such, has affirmed the judgment below, which declared that there has been an implied sale of the property. That there was no such sale; see Hullin v. The Second Municipality, (11 Rob. 97.) The only question here is, as in that case, whether the acts of the Municipality authorized plaintiff to claim under an implied sale. The opinion just rendered, is erroneous and at war with the decision in 11 Rob. 97. To entitle the…
1Opinion of the CourtMorphy, J.
Jean D. Pigneguy, Jun., one of four heirs of the late Eleonore Rabassa, the [widow of Jean Pigneguy, mortgaged his undivided fourth of two immoveables belonging to the estate, to secure the payment of three promissory notes of $1250 each, which he had executed in favor of Clement Ramas, in. 1840. Some time after, a sale of the property was made under an order of the Court of Probates, for the double purpose of liquidating the succession, and of effecting a partition among the heirs, which *451had been prayed for by the said Jean D. Pigneguy, the only heir of age. Philippe Marsoudet, who was…
2Cases cited2 opinions
- Hodge v. MooreSupreme Court of Louisiana · 1843
- Hullin v. Second Municipality of New OrleansSupreme Court of Louisiana · 1845