4 Rob. 37 | La. | 1843
The defendant is appellant from a judgment, on a note which he had given to Frangoise Landry, rendered in favor of the plaintiff, the administrator of her estate. The claim was resisted on the grounds, that Coralie Landry, the defendant’s wife, is an heir of the person whose estate the plaintiff administers, for one twenty-first part thereof; that the estate is not at all indebted; that the plaintiff has had the administration of it for a long time, and has neglected to bring it to a close; that the estate being administered for the sole benefit of the heirs, the plaintiff ought not to harass him with a suit, as he (defendant) has the right and is desirous of having the note compensated by the portion of his wife in the estate ; and that, as her husband, he has a right to provoke a partition, and to receive what is coming to her. The defendant’s counsel has urged, that by the Civil Code, art. 1265, a co-heir, on purchasing any property of the estate, has a right to retain the price until his share be definitively fixed. The counsel for the plaintiff contends that this article of the Code is
Judgment affirmed.