10 La. 530 | La. | 1837
delivered the opinion of the court.
The plaintiff sues, as curator of the vacant estate of one Stewart, to recover certain slaves in possession of the defendant.1 The deceased is alleged to have become the owner of the slaves by his marriage with his late wife, in the state of Mississippi, in which state the parties admit that slaves are considered as chattels; and that the personal property of the wife at the time of the marriage, becomes the property of the
The defendant, besides denying the title of the plaintiff’s intestate, pleads that the letters of curatorship, under which-he is proceeding, are null and void, having been granted by a court without jurisdiction, to wit: 'by the Probate Court for the parish of West Feliciana, whereas Stewart died, and his succession was opened in the parish of Avoyelles. We are of opinion that the District Court correctly overruled this exception. Whether the Probate Court of the parish of Avoyelles, or that of West Feliciana, had authority to appoint a curator to the estate of Stewart, depends upon facts which may not be known to the District Court, and into which it could not enquire collatterally and incidentally. The cura-torship was conferred by a Court of Probate; and, although an appellate court might be of opinion, under the circumstances of the case, it belonged rather to the court of Avoy-elles than to that of West Feliciana to make that appointment; yet the District Court is without authority to enquire into the facts, upon which the rightful exercise of jurisdiction depended. In relation to the subject matter, the Probate Court had jurisdiction. Whether it erred in this particular-case, the District Court was not competent to enquire, and the Supreme Court is now called on to examine only the proceedings in the latter, and not those of the Court of Probates.
The case was tried by a jury, who found a verdict in favor of the plaintiff; and their verdict would not be disturbed by us, unless we were satisfied that they had been misled in point of law.
The evidence in the record does not render it very clear Stewart, during his marriage with his deceased wife, . . , . ... .... „ , possessed the slaves in question, within the limits of the staie of Mississippi; and we are, consequently, authorized to presume that the jury gave effect to the alleged will of Mrs. * . J 0 . . Stewart, as the title upon which the plaintiff was entitled to recover. A paper was read in evidence, without objection in the first instance, purporting to be the' last will of Mrs.
Believing, as we do, that the.jury may have been led into error, in relation to the validity of the testament of Mary Stewart, and that by sanctioning their verdict, we might give effect to it contrary to law, we think justice requires that the case should be remanded for a new trial.
^ ^s’ therefore, ordered, adjudged and decreed, that the judgment of the District Court be avoided and reversed, the ,. verdict set aside, and that the case be remanded* for a new trial, and that the costs of the appeal be paid by the appellee,