Kemper's Heirs v. Hulick
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, JUDGE LEWIS PRESIDING. This is a possessory action, in which the plaintiffs claim the possession of a negro man named Stephen, which they allege, the}' and. their ancestor, Nathan Kemper, had been a long while in the quiet and peaceable possession, say, fifteen years ; until the defendant, without their knowledge or consent, about the 9th of April, 1837, inveigled and enticed him away from their lawful…
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APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, JUDGE LEWIS PRESIDING. This is a possessory action, in which the plaintiffs claim the possession of a negro man named Stephen, which they allege, the}' and. their ancestor, Nathan Kemper, had been a long while in the quiet and peaceable possession, say, fifteen years ; until the defendant, without their knowledge or consent, about the 9th of April, 1837, inveigled and enticed him away from their lawful possession, and still retains him. They pray (hat the defendant be required to deliver up said slave, and pay them five…
1Opinion of the CourtMorphy, J.
This is a possessory action, to which defendant excepted, on the ground that plaintiffs had heretofore brought a petitory action for the same property, which they had discontinued. This exception having prevailed, the plaintiffs appealed.
Our only inquiry must be, as to the nature of the first suit. If it was a petitory one, the exception was properly sustained. Code of Practice, article 54.
On examining the first record, we cannot view it in any other light than that of a possessory action. After setting forth all the material circumstances required by the Code of Practice in possessory…
2Cited by9 opinions
- Whited & Wheless, Ltd. v. CalhounSupreme Court of Louisiana · 1908
- Slocomb v. de LizardiSupreme Court of Louisiana · 1869
- Jefferson v. TennantLouisiana Court of Appeal · 1958
- Annison v. WomackLouisiana Court of Appeal · 1941
- Delphine St. Amand v. LongSupreme Court of Louisiana · 1873
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