Thorman v. Broderick

Citations

• 52 La. Ann. 1298

Syllabus

<p>Syllabus.</p> <p>1. The Supreme Court of the United States having affirmed the judgment of the Supreme Court of Wisconsin, effect must be given thereto.</p> <p>2. A person whose domicile was in Wisconsin died, leaving property there and here. There was a will in Wisconsin, which was probated and an executor appointed. Among his personal effects found in Wisconsin were two promissory notes executed by a party living in Louisiana and secured by mortgage on property here. The Wisconsin executor collected the notes, the maker thereof voluntarily paying same to him. But before their collection, a Louisiana administratrix of the dead man’s succession, appointed here where the succession had also been opened, brought suit on the notes though never in possession of the same. Held : The court of the testator’s domicile being seized of jurisdiction of his estate, real and personal, found there, the Wisconsin executor had the legal right to collect the notes and his acquittance therefor protects the debtor against the demand of the Louisiana administratrix.</p>