Wilson v. Ober

Citations

• 109 La. 718
• 33 So. 744
• 1903 La. LEXIS 433

Syllabus

<p>PETITORY ACTION — PLEADING—EVIDENCE.</p> <p>1. Where a petitory action is brought by a person suing individually, as heir, and also as administrator of the succession of his mother! but not professing to be acting in the interest of the creditors of the succession, or by atL thority from his coheirs, who, so far as they are known, have accepted the succession, by making an extrajudicial partition of the movable property, and have either refused or failed to authorize the suit, and the action involves an attack upon a title to which the plaintiff’s father, then living in community with his mother, was a party, the plaintiff has no standing in court, save to the extent of his interest as an heir, to recover property as having belonged to such community.</p> <p>2. And where, in such case, the plaintiff alleges that the defendant is in possession, claiming as owner, but discloses no title in himself, he cannot recover.</p> <p>(Syllabus by the Court.)</p>