Sevier v. Succession of Gordon
Also decided on this docket: La. Ct. App. 1st Cir., January 15, 1971 242 So. 2d 900; La. Ct. App. 1st Cir., May 15, 1950 46 So. 2d 384; La. Ct. App. 1st Cir., May 22, 1928 8 La. App. 762
Sevier v. Succession of Gordon, 23 La. Ann. 212 (1871).
Opinion text
Howe, J. The plaintiff, being a judgment creditor, proceeded by rule against the executor of Gordon to show cause why succession property should not be sold to satisfy that judgment. The rule was made absolute April 29, 1870, and the sale of succession property ordered in amount sufficient to satisfy the judgment of plaintiff. The executor has appealed. *213 The decree of the court below must bo avoided for want of jurisdiction. The matter in dispute was probate in character; it concerned ¡ strictly the “settlement” of the succession and belonged to the parish court. It is therefore ordered that the judgment appealed from be avoided and annuded and the rule dismissed, with costs.