Succession of de Grehan

Supreme Court of Louisiana

Succession of de Grehan

25 La. Ann. 334

CourtSupreme Court of Louisiana

DecidedApril 15, 1873

DocketNo. 2851

StatusPublished

This text of 25 La. Ann. 334 (Succession of de Grehan) 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.

Bluebook

Succession of de Grehan, 25 La. Ann. 334 (La. 1873).

Pincite

Opinion

Ludeling, C. J.

In the case of the succession of the widow De Gréhan, reported in the 21 An., we held that the heirs of the deceased had, in that proceeding, accepted the succession unconditionally, and [335]*335the evidence showed that they were in possession of the property of the succession.

This suit was therefore improperly instituted against them in the Probate Court — it should have been instituted in the District Court. The exception to the jurisdiction should have been maintained.

It is therefore ordered and adjudged that the judgment of the court a qua be set aside, and that there be judgment dismissing the plaintiff’s suit with costs.

Rehearing refused.

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Ludeling, C. J.

In the case of the succession of the widow De Gréhan, reported in the 21 An., we held that the heirs of the deceased had, in that proceeding, accepted the succession unconditionally, and [335]*335the evidence showed that they were in possession of the property of the succession.

This suit was therefore improperly instituted against them in the Probate Court — it should have been instituted in the District Court. The exception to the jurisdiction should have been maintained.

It is therefore ordered and adjudged that the judgment of the court a qua be set aside, and that there be judgment dismissing the plaintiff’s suit with costs.

Rehearing refused.

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Bluebook (online)

25 La. Ann. 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-de-grehan-la-1873.