Beaumont v. Covington
Supreme Court of Louisiana
Appeal from the District Court of Concordia, Tenney, J. assigned as errors apparent on the record : 1st. That the action, being ^petitory one, should have been against the person in actual possession; and that, if no one was in possession, no action of this kind could be maintained. Code of Practice, arts. 43, 964. 2d. That a defendant cannot be represented in a petitory action by a curator ad hoc, such appointments being restricted to personal actions only.
Read the full summary
Appeal from the District Court of Concordia, Tenney, J. assigned as errors apparent on the record : 1st. That the action, being ^petitory one, should have been against the person in actual possession; and that, if no one was in possession, no action of this kind could be maintained. Code of Practice, arts. 43, 964. 2d. That a defendant cannot be represented in a petitory action by a curator ad hoc, such appointments being restricted to personal actions only. Civil Code, art. 59. Code of Practice, arts. 43, 116. 3d. That it does not appear from the record, that the curator was sworn, as…
1Opinion of the CourtBullard, J.
The plaintiffs allege, that they are joint owners of a tract of land in the parish of Concordia, composed of Nos. 49 and 50, in Township No. 9, Range 10.east, by virtue of a purchase from the United States ; that Covington, who resides in the State of Mississippi, wrongfully took possession, and has possession ; and that he has committed waste. Tney pray that a curator ad hoc, may be appointed for the absent defendant, and for process of citatipn, and that they may be decreed to be the true owners of the said tract of land.
The court accordingly appointed a curator ad hoc, upon whom service of…
2Cases cited1 opinion
- Cooley v. SeymourSupreme Court of Louisiana · 1836
3Cited by3 opinions
- Jefferson v. StringfellowSupreme Court of Louisiana · 1920
- Trumbull v. SampleSupreme Court of Louisiana · 1925
- Samory v. MontgomerySupreme Court of Louisiana · 1867