The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-02-09
snnran1e Gourt Of menigiaNs.
Condensed Decisions :. New ORLEANS. Feb 5,

ancestor. No prescription in favor OF such
agent and advocate constitute d. the appointment of
an administrator obtained by the agent will not destroy
the the s sse Oh Inc interruption OF prescription created O'
D. L. R. ORILLios EFT AIS. Us. ZENoN LABAuvE. AD
ILLUSTRATOR. Appeal from the Si1th District Court
parish Of IberUe) No 1I99 in the Supreme Court.
sLIDELL, j.. Per curiqm The District Judge properly
rejected the plea of prescription up against the of
$1,000 payable in March, s4e The present against La
bauve as administrator of the succession Of Joseph Oon
(apponted in 1S not instituted until May 1913 But
it that in 1s45 the plaintiff brought suit upon this
note against the heirs of Joseph Onion Citations were
served upon them and seryee OF the petition was ao ae
attorney defendants who described as heirs the
BY them ON e %h
ton CT Contrat entire Zen9n LabquUs frOcJt Yes Herr
constituted him their and advocate SETTLE quidae
and make final partition of their ancestors succession and
1t also authorizes him to obtain the appointing of admin.
,so to the END . he may proceed S with facility
compen alton for his services advocate and admins
action Of abauve undeit and the subsequent of the
heirs cooboratye OF the position they originally assumed
cannot be said that the succession of Onon could be
sdered heedtGs jacens and that prescription could
IN its favor as in of vacant estate. See Civil Code
982 The sppontmeptl Of administrator which Labauve
subsequently, Obtained for the purpose of facilitating the
interruption of prescription created by the suit.
There no evidence before US to establish the payment Of
and which became due in the 1899 1910 and
i84 The assumptions suggested by the not of
2267 We extinguish rights established by written
contract upon mere CONJECTURE and uncertain Inference If
plaintiff and defendant and in progress of Judicial
the piaIn the succession Of This deceased Will have the
benefit OF in that suit An item of credit probably grow
by the Court below the note of $1,000 As the objec
ton to this allowances waived in argument by the plaintiffs
an error in the Date Of the credit as stated By the se
em 80 IT, Ss o a s po an
been eaona6y hed It Therefore decFeed that
OF s03 924 as OF the 3Oh May lsi0 instead Of 0ih May
1915 and that corrected the judgement be affirmed the
and appellant.
surety the bond of not one of the cases in
which conrts of justice have to release the surety
and substitute another person, for the purpose of
and gains exists between husband who resides in Lou
another es sT ~R Ref hu.
6and nor the ppp fe
tioe have discretion they will diresard illegal
act if they cannot do without enabling parties 10
commit fraud Where persons have constituted them
selves syndics of insovent without opposition
from the creditors the heiIs will be bound by The pay
ture to an administrator in payment of an account is
not evidence that the account was due
WIDOW J. ii. MOORE, tutrix Us. BANvoN G. THIBo.
DAUx ct a....7pDeak from tie Fifth District Court
Parish Of 1srreJOnne. 1863 in the Supreme Court
RosT j. Per curtam: " This is suit to compel the de.
PENDANT to account tutor of the minor child of Emmor
Moore, deceased. The defendant filed an account which
opposed by the plaintiff, and upon that opposition
Judgement was rendered in their favor for the amount
claimed The defendant has appealed. 1t in evidence
that the succession of Emmor Moore opened iii 1885,
and that shortly after the defendant was appointed tutor I'D
Moore who at the time the State Of Ohio. with Their
mother the surviving wife of the deceased. After the
tutor; James Mooe, another minor heir died joseph
al Ges Dd wa .DnseS o The GPy h Of No
the APPLICATION of the defendant acting tutor the pro-
paid BY him The heir age Joseph H. MORE Who
% saab w. ' as them bs to @ %ow the
pointed guardian three Of the minors in the State Of Ohio
and ssys Joseph Moore power of attorney
himself appointed the State Of Mississippi gaaIdan
bE%y miner h f Ea sa Who MS0
represented by Evelna Apologize her mother and tntnx
Of Ella the plaintiffs this suit. They aege that thef
father left at his death the undivided half the plantation
and slaves described In their petition his sole property his
wie never hayhg resided in and no community
said property to be Sold and received as the price Of It
OF which they claim their portion heirs Of their
be made to account and them their respective
shares. with interest The that the property
being nsoven syndc should have been appointed by the
Moo1e Sg thai sS6 Of s the and Joseph
from the Ge ere That The defendant paid the
fully to the payment of the debts OF the appears
by the cunt annexed 70 the The plaintiffs OPP
from the defendant Second, That the claims against the
success placed the having been paid by o
seph H. Moore prescribed before such payment if any
there was and further that they prescribed before they
The plaintiffs also asked proof of the existence of portion
There several bills of exceptions taken during the trial
Sis OF Which nId &c to notice The witness Jesse
and his testimony having been objected the ground
applied have witness released from his Obligations as
security IN order that he might testify in his behalf and
sufficient security in the amount required by The
or e & Ion new security was yen and the
the plaintiffs properly excepted to these proceedings This
no Of ns @ e which courts have
to testify liability Of surety to the heirs for the prey
neither increased nor diminished By the act Of the cout
On the merits, the first question presented consdera
between Emmor Moore and his wife 1t not denied
se and ana ae e s
few mouths went with her children to the State Of Ohio
sci that the properly left in Louisiana b. Emmor Moore wa.
acquired by his sole exeon qnassted BY his wife and be-
law well the facts of the against that concu
sion As general rule the domc of the that of her
husband, and she can have other, without legal
shown 1t proved that the mother of the removed
count Of the superior advantages which be supposed that
ocatlon 70 possess Tor rearing and educating his children
at the place her Susbaud %as ri hm
assistance The performance of those duties of the State
cannot be made pretext for cutting her off from her share
the lime they purpo to have been paid by Joseph Moore
and If the payments made by him Of the success
that those payments valid because Joseph H. Moore
had warrant of law 10 the funds of the succession
to its debts 1t true, he acted without authority
but having acted the first question to be determined
whether the funds applied by him the law would
have applied them Many things forbidden by law be
done, which, when done, become valid and binding Where
courts OF justice have discreet they will disregard
an illegal act if they cannot do without enabling parties
TO commit fraud On that ground, married women and
alton of their property must reimburse the received for
It, when proved that those have accrued to their
benefit Civil Code, 2226 Without going into any inquiry
as 10 the manner in which the made if the
debts paid due by the succession the must be
credited with those ments in his settlement with heirs
feel bound to state however that the proceedings
this have been extremely and
that credits be allowed him for payments made un
the existence and reality of the paid placed beyond
al reasonable doubt Items g 10 i and IL Of the
account amount together the of 81 1888 42 Thes
deb not denied and prescription the only plea filed
relation to them. Prescription had accrued when they
paid by Moore and have already said that this plea
cannot avail the plaintiffs 1t is proved that the finn OF
Hoops Moore creditor of the succession for as O
This debt Is acknowledged to have been paid except small
balance for which Moore Of the partners bound to
account to the firm Items and of the account were paid
by Hoops Moore and doubt included their claim