Engelman v. Coco
| Decision Date | 01 July 1890 |
| Docket Number | 1390 |
| Citation | 8 So. 610,42 La.Ann. 923 |
| Court | Louisiana Supreme Court |
| Parties | MARY ENGELMAN, WIFE, ETC., v. EDWARD D. COCO, ADMINISTRATOR |
APPEAL from the Twelfth District Court, Parish of Avoyelles. Blackman, J.
W. Hall and John C. Wickliffe, for Opponent and Appellee.
Thorpe & Peterman, for Defendant and Appellant.
ON MOTION TO DISMISS.
The appellees file a motion to dismiss this appeal on the ground that an order of appeal had been granted in open court to the Court of Appeals, and that the District Court was without jurisdiction to grant an order of appeal on petition to this court.
There had been no appeal bond filed when the order of appeal had been granted to the Court of Appeals. The order of appeal to the Circuit Court had been granted in error. It had no jurisdiction ratione materiae. This court was the proper one to which the appeal should have been made returnable. The first order of appeal could be set aside having been granted in error, by a second order making the appeal returnable to this court.
The motion to dismiss is denied.
ON THE MERITS.
James Adair died in August, 1882, leaving a surviving widow his sole heir.
The estate had two creditors -- one who qualified as administrator, E. D. Coco, and the other, Anatole Coco, who held certain mortgage notes and vendor's privilege against the immovable property of the succession.
The only parties who had any interest in the succession, the widow and the two creditors, made an extra judicial settlement of the succession, the result of which is inextricable confusion and a vast amount of unprofitable litigation.
Believing that the succession property would not pay all the debts, it was agreed verbally among themselves that A. Coco was to pay the debts of the succession, for which she was to convey to him in time twenty acres of the immovable property, and she was to retain the personal property and the balance of the farm property, on which was situated the dwelling and other buildings. This agreement was partially carried out, and a division line made between their properties.
The administrator was instructed not to proceed with the administration of the succession. A period of six years elapsed. The mortgage notes, it appears from the record, have prescribed, and the administrator, on the application of the widow Adair, is compelled to file an account, which she opposes, and attempts to hold him...
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