No. 2851 Precedential Set aside Processed

Succession of de Grehan

Louisiana Supreme Court · Filed April 15, 1873 · 25 La. Ann. 334

Also decided on this docket: La. Ct. App. 1st Cir., October 30, 1969 228 So. 2d 222; La. Ct. App. 1st Cir., February 5, 1968 206 So. 2d 814

Opinion text

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 the 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.