The Opelousas courier. [volume] (Opelousas, La.) 1852-1910, 1888-07-14
Decisions Of the Supreme Court.

the supreme Court OF Louisiana at the
Opelousas term, in cases not included in
our last weeks report:
No. 1914. Succession of Marcelite
Guidry.-Appeal from st. Landry.
Syllabus: The law does not require
that proceedings be instituted to re
move an executor who has failed to fur
nish security when ordered to do so un-
der the provisions of article r. c. C..
!766. The law is self operative. The
failure to furnish the security within
the delay allowed, ipso facto removes
the delinquent. A vacancy is thereby
instantly created, which can be filled
after due notices, by the appointment
Of dative executor.
Judgment affirmed. Mr. Justice
Fenner dissents.
No. 1922, Succession of Rene Gag
neux.-On oppositions to the account
of Abraham Adler, Executor, ct al.
Syllabus: In the absence of prayer
or proof that dative executor had re-
ceived sums of money from the execu-
tor, his predecessor, no Judgment can
Validly be rendered against him. In
order to recover from such predecessor,
suit must be brought against him, or in
case OF his death, his succession. AL
though prescription be suspended
against the creditors of an insolyent,
the principle is inapplicable to success
sions, whether solvent or insolvent
The right of a mortgage creditor is lost
by the failure to reinscribe within ten
years, although previous to the expira-
ton of that delay the mortgage had
died. But no transcription is necessary
when the mortgage property is sold
within the ten years. Payment of a
judgment not reinscribed and not re
vived, cannot be sought after the ex-
piration of the ten years by which it is
prescribed.
Judgment reversed.
No. 1915. Don Louis Jean Louis VS..
Therence Giroir ct al.-Appeal from
the parish of Lafayette.
Syllabus: L. A patent granted by
the United States under section 2447
United States Revised Statutes, op-
crates only as quit claim or relinquish-
ment of any claim on the part of the
United States to the land and is with
ont prejudice to adverse claimants.
g When it concerns land which had
passed into private ownership undes
Spanish grants, antedating the cession
to the United States, and subsequently,
confirmed by acts of Congress, such
land will be considered as having been
fully severed from the pnblic domain
from the date of such confirmation and
fully subject to prescriptive titles.
3. Finding that defendants have es-
tablished all the elements essential to
maintain their plea of prescription, it
must be sustained.
Judgment affirmed.
No. 1918. Cleomise Sayoie ct ais. vs.
Julius Meyers ct al-Appeal from the
parish of St. Landry.
Syllabus: In case the vendor really
and seriously contemplates and agrees
to sell tract of land at price which
is fixed and certain; and the vendee,
while Offering and proposing to buy the
land, obtains also transfer of judg-
ment upon the false assertion that it
operates as a judicial mortgage on the
land sold aud in respect to which HE
vendor is really deceived, held, that on
appropriate allegations and proof the
transfer of the Judgment may be an
nulled and the amount that has been
realized thereon recovered of the
yendee.
Y Judgment annnlled, avoided and re
vs,rsed.
No. 1921. Laperle Richard, wife o.
all, VS.. Jean Baptiste Bergeron ct ais
Appeal from the parish of st. Landry
Wheye the Judge quo properly dis,
| misses q suit for insufficiency of evi,
dence to establish plaintiffs demand
and the defendant asks that it be af-
firmed, the Judgment will be affirmed.
Judgment affirmed, plaintiffs and ap-
peallants to pay costs of appeal.
The bill introduced by Representa-
tive Dupr6, of st. Landry, providing
for a forfeiture Of the charter of the
Ffsnklln College, selling the property
| and applying the proceeds to building
school hou0es in the parish, finally pass
| ed the House last week. We do not ses
i that Opelousas will be materially bene
fted by this legislation, and hope tlt
bill will be- defeated in the Senate. !
would speak much better for Opelousa'
and st. Landry if steps were taken t.
reestablish the College or at least higi
school for the education of our young
men. Such measure would do mors
to build up our town, and induce imml
grafton to our parish, than any otlle
i single enterprise that could be inaugu
/ rated. Let the parish build her owi
j school houses, and let Opelousas i'm
! pro We the rich patrimony that was DO
1 mated by an enserprising citizen, for On
maintenance of a College at Opelousas
/ This is what should be done with th
property and nothing else.
Personal.