Ezidore v. Cureau's Heirs

Citations

• 113 La. 839
• 37 So. 773
• 1904 La. LEXIS 712

Syllabus

<p>APPEAL — JURISDICTION — LEGITIMACY — PRESUMPTIONS — MOTION TO DISMISS.</p> <p>1. Where á minor in necessitous circumstances, bom of the wife of its putative and deceased father during the life of the latter, makes claim, under Oiv. Code, art. 3252, to a sum of money derived from the sale under executory process of property belonging to his succession, which sum is less than that to which the appellate jurisdiction of this court extends, and the seizing creditor, by way of defense to the claim so made, denies the paternity of the minor, the judgment of the district court, holding that, as the child of the marriage, the minor is legitimate in the eyes of the law, is appealable to this court: and the appeal will not be dismissed on the suggestion that the court is without jurisdiction quoad the amount of the fund in dispute.</p> <p>On the Merits.</p> <p>2. Where the evidence shows beyond dispute that a child was conceived and born during marriage, and was not disavowed by the husband during his lifetime in the mode prescribed by law, the status of legitimacy is fixed, and can be questioned by no one in any form of proceeding. See Succession of Saloy, 10 South. 872, 44 La. Ann. 433.</p> <p>(Syllabus by the Court.)</p>