Succession of Duco

Supreme Court of Louisiana

Succession of Duco

1 Mann. Unrep. Cas. 229

CourtSupreme Court of Louisiana

DecidedJuly 1, 1880

DocketNo. 7594

StatusPublished

This text of 1 Mann. Unrep. Cas. 229 (Succession of Duco) 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 Duco, 1 Mann. Unrep. Cas. 229 (La. 1880).

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Opinion

Spencer, J.

The reversal of the judgment could not affect the administratrix who had bona fide paid out the funds in obedience thereto. Whatever rights appellants have would be 'against the creditors who have been paid, but these creditors are not before us The real estate has not been sold. It still belongs to the succession subject to partition among the heirs. If the administratrix had charged herself with its inventoried value, she would by the next stroke of the pen have credited herself with the same sum as value of unsold property. The proper parties to the appeal are wanting.

Appeal dismissed.

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Spencer, J.

The reversal of the judgment could not affect the administratrix who had bona fide paid out the funds in obedience thereto. Whatever rights appellants have would be 'against the creditors who have been paid, but these creditors are not before us The real estate has not been sold. It still belongs to the succession subject to partition among the heirs. If the administratrix had charged herself with its inventoried value, she would by the next stroke of the pen have credited herself with the same sum as value of unsold property. The proper parties to the appeal are wanting.

Appeal dismissed.

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Bluebook (online)

1 Mann. Unrep. Cas. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-duco-la-1880.