The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-14


titioner had been recognized ma the sole
and forced heir Of the late Christian
ttosei,ts. and as such decreed to be- the
owner by inheritance of all the movable
and personal property Of said Roseliils
| with tho exception OF tho property do
mated by special legacy 20 Alfred Phil
lips, ESD, and further recognized as
the usufructuary Of all tho immovable
property OF the deceased, during her
natural life, and in said capacity was
put In possession Of tho same. A final
account was filed. approved, md tho
executor discharged and the succession
was thus closed.
The petition Of Mrs. Emile MONT,
wife OF the late Christian Roselius, does
not appear to have ever been opened
and petitioner seems ~ have accepted
It Internationally and to be In posses
sion thereof.
Art. 1922 G. p. says: "All partition Of
succession property shall be made by
the Court of Probates Of tho place
where tho succession is opened" The
Supreme Court has repeatedly decided
that where hejrs hre put I'm possession
OF estates that the Court Is divested OF
| jurisdiction and that no suit could be in
| ~, 412. 21 An, 3G5 25 An, 225, 334.
They bad held (Art. 1922 G. o. that
when SUGGESTIONS had closed. actions Tor
partition must be brought in tho dis
triot courts having ordinary or general
| jurisdiction. 25 An, 143. 144.
II seems that while the petitioner is
In possession Of both OF her parents,
her minor children are not. The suit
relates to those minors and they are in
terested in It, IL seems to me that it
must be carried on In this court. | find
| q. I'll Ix,
cisions which seem to settle this matter.
in the words OF the immortal jnriscon-
suit Dupin fhe here quotes from
"Jurisprudenoe des Arrets. page l72.'
have been referred to no decisions
in partition suits contrary to the views
herein above expressed.
Let tho exception be overrlled.
THIRD District C"wrt.
Present, Hon. Il. Meunier, Judge
Wilmot, Brown 81 McGratb VS.. Chas.
g. Clark The judgment Of the lower
court was affirmed.
Michael Coleman vs. u. Carroll The
Judgment of tho lower court WAS ro-
versed. and Judgment was given for the
plaintiff in tho sum Of 1915; defendant
paying costs OF lower cosrt and plaintiff
''' fitth District Court. s
Present, Hon. y. North Cullom, Judge
Conrad Albert Va. William Heiling.
Judgment was rendered for the plain
tiff IN the sum Of 800, with eight per
cent. interest from January 2sth, 1876
with lien and privilege upon the bakery
shop. stock In trade, and everything
thereto belonging. H.
State ex rel. +, Shubert VS.. JOS. Turpin
This ease Of habeas corpus was contin
ued till this evening at 6p. m.
i--t- sixth District Court.
Present. Hon. A. baucier. Judge.
| Barkhouse & Go. vs. Jas, A. Nugent.
The default of the I'd ins,. was made
final for the sum of $154 81, with eight
per cent. interest per anbum Thereon
from the t4th of February. 1915.
MontHeury Talhhnd VS.. AugustiD Ben
There was Judgment for the plaintiff II
the sum Of 1850, with eight per cent In
terest per annt,in thereon from the 1ytl
of September. 1875. $40 cost OF copy o
act and $42 attorneys fees and costs o
suit. -... .t,.,. .t. t.Jr-s
P. W .Aitken VS.. Michael Gerno,
in the sum Of $i3O with legal inter
est therein from January 2G, 1876.
J. @. h. Doremns vs. y. J.. N. smith,
Judgment was for the plaintiff, dis
missing the Intervention and third op
position, quashing the Injunction, con
tlemning VIM. !sFagin and ". Foley
surety on the injunction bond to lat.
ten per cent. damages on the amount o
the Judgment rendered herein, and tel
per cent interest per annuln from dat
: Of recordation OF said Judgment.