Bourriaque v. Charles

Citations

• 107 La. 217

Syllabus

<p>Syllabus.</p> <p>1. Art. 203 of the Civil Code is not prohibitive in terms, and must be taken and construed with another in pari materiae, viz.: 209 of the Civil Code, regarding the modes of acknowledgment of natural children. Succession of Fortier, 51 A. 1585 ; Lange vs. Richard, 6 La. 570.</p> <p>2. This view finds some support in 4 A. 305, cited with approval in 33 A. 1104. In the last cited case the court said of a decision holding views not entirely in accord with the first cited case, i. e., the case of Dugas vs. Caruthers, 6 A. 158, that it was the dictum of the organ, and not the opinion of tile three judges composing the majority, with which the court in 33 A. 1104 did not agree.</p> <p>3. In the 6th Annual case the natural brother and sister were acknowledged to some extent at least.</p> <p>4. Between heirs acknowledged as required by Art. 209 C. C. and collateral heirs not acknowledged at all, the court holds that the former are entitled to inherit.</p>