Stockman & Co. v. Foster

Louisiana Court of Appeal

Stockman & Co. v. Foster

1 Gunby 78

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 78 (Stockman & Co. v. Foster) 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

Stockman & Co. v. Foster, 1 Gunby 78 (La. Ct. App. 1885).

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Opinion

Clinton, J.

Both defendants are residents of Mississippi. Plaintiffs allege that they are creditors of Miss Kate O. Foster; that she had owned a plantation in Madison Parish which had been sold for taxes and bought by Miss Sinah Foster; that said sale is absolutely null and void, and they wish to revendicate the property and subject it to the payment of their debt; and they had a curator ad hoc for both defendants appointed. Held : That such a suit is not a proceeding in rem and, therefore, defendants could not be brought into court without a seizure of their property. 2. An. 860; 6 An. 27; 9 An. 239; Pennoyer vs. Neff, 95 U. S. 734. In this case, quxre: Whether one curator ad hoc can be appointed for two absent defedants whose interests may conflict? Also, quaere: Is a petitory action an action in rem in the sense used bv the United States Supreme Court in Pennoyer vs. Neff?

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Clinton, J.

Both defendants are residents of Mississippi. Plaintiffs allege that they are creditors of Miss Kate O. Foster; that she had owned a plantation in Madison Parish which had been sold for taxes and bought by Miss Sinah Foster; that said sale is absolutely null and void, and they wish to revendicate the property and subject it to the payment of their debt; and they had a curator ad hoc for both defendants appointed. Held : That such a suit is not a proceeding in rem and, therefore, defendants could not be brought into court without a seizure of their property. 2. An. 860; 6 An. 27; 9 An. 239; Pennoyer vs. Neff, 95 U. S. 734. In this case, quxre: Whether one curator ad hoc can be appointed for two absent defedants whose interests may conflict? Also, quaere: Is a petitory action an action in rem in the sense used bv the United States Supreme Court in Pennoyer vs. Neff?

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Bluebook (online)

1 Gunby 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stockman-co-v-foster-lactapp-1885.