Lillard v. Janney

Louisiana Court of Appeal

Lillard v. Janney

1 Gunby 89

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 89 (Lillard v. Janney) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lillard v. Janney, 1 Gunby 89 (La. Ct. App. 1885).

Pincite

Opinion

Mayo, J.

It is not necessary that the appellant sign the appeal bond.

2. Where one of the heirs of a succession goes into possession of the property in his own right and as agent of the other heirs, the ideal being, legally called “ a succession,” ceases to exist and the property of the succession becomes vested in the heirs as co-proprietors and subject to such dispositions, whether by sale or mortgage, as they could make of their individual estate with which it becomes blended. 29 An. 347.

3. Where one, of his own accord, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his previous position, he is concluded from averring that a different state of things existed at the time. 5 R. 523; 30 An. 33.

4. Where an heir mortgages the whole property of a succession as his own, the mortgage will be maintained against his interest in the succession, though annulled as to the interests of other ■heirs.

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Mayo, J.

It is not necessary that the appellant sign the appeal bond.

2. Where one of the heirs of a succession goes into possession of the property in his own right and as agent of the other heirs, the ideal being, legally called “ a succession,” ceases to exist and the property of the succession becomes vested in the heirs as co-proprietors and subject to such dispositions, whether by sale or mortgage, as they could make of their individual estate with which it becomes blended. 29 An. 347.

3. Where one, of his own accord, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his previous position, he is concluded from averring that a different state of things existed at the time. 5 R. 523; 30 An. 33.

4. Where an heir mortgages the whole property of a succession as his own, the mortgage will be maintained against his interest in the succession, though annulled as to the interests of other ■heirs.

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Bluebook (online)

1 Gunby 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lillard-v-janney-lactapp-1885.