Weil v. Richaud

Citations

• 51 La. Ann. 1311
• 26 So. 265
• 1899 La. LEXIS 565

Syllabus

<p>Syllabus.</p> <p>Tlie suit was brought by plaintiff to recover possessiou of land and rents in • amount more than $2000. . '</p> <p>The suit was brought against heirs of age, as representatives of their mother’s succession, the debtor.</p> <p>The judge of the District Court decided that the defendants must be considered heirs as long as they have not renounced the succession, and condemned them to give up the property, and non suited the plaintiffs as to rental.</p> <p>The heirs appealed to the Court of Appeals and urged that they made no claim to the property, and therefore should not have been condemned to pay the i-ost.</p> <p>The view of the District Court regarding the facts, was different from defendants’ averments on appeal.</p> <p>The Court of Appeal properly held that it did not have jurisdiction and dismissed the case, that if any error had been committed, the appeal should have been taken to the Supreme Court, as the issues are not within the formers jurisdiction.</p>