Miguez v. Delcambre

Citations

• 109 La. 1090
• 34 So. 99
• 1903 La. LEXIS 472

Syllabus

<p>SUCCESSION — HOMOLOGATION OP ACCOUNT— CONCLUSIVENESS — PRESUMPTIONS.</p> <p>1. A judgment of homologation of an account and tableaux of distribution, filed by an administrator of a succession, does not, as between the administrator and the heir, conclude the latter unless it is shown he was cited, or made appearance in the proceedings.</p> <p>2. Under the circumstances of this case the presumption omnia rite aeta vr<Bsum.untur cannot be invoked to supply lack of proof of citation or notice to the heir, or of appearance by him.</p> <p>(Syllabus by the Court.)</p>