Heirs of Ashley v. Riser
This text of 26 La. Ann. 711 (Heirs of Ashley v. Riser) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiffs appeal from the judgment rejecting their Remand to annul the judgment homologating the final account of the defendants, the administrators of their father’s succession, on the ground that they were not cited. In bar of this proceeding the de[712]*712fendants plead that the plaintiffs have acquiesced in said judgment and are estopped, because, they have issued execution thereon and collected under fieri fadas part thereof.
One who has availed himself of a judgment and made it his own by issuing a fieri fadas and collecting money thereon, is estopped from denying its validity. The plaintiffs are estopped from denying the validity of the judgment which they have enforced against the defendants.
They were all of age or emancipated when their attorney issued the fieri fadas and collected the money and they have not disavowed his-authority to represent them.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
26 La. Ann. 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heirs-of-ashley-v-riser-la-1874.