BEAUREGARD V. NEW ORLEANS, 59 U. S. 497 (1855)

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U.S. Supreme Court

Beauregard v. New Orleans, 59 U.S. 18 How. 497 497 (1855)

Beauregard v. New Orleans

59 U.S. (18 How.) 497


The habit of this Court has been to defer to the decisions of the judicial tribunals of the states upon questions arising out of the common law of the state, especially when applied to the title of lands.

Therefore, where the Supreme Court of Louisiana, has decided questions relating to the jurisdiction of the District Court of the First Judicial District of the state over the succession of a debtor who was enjoying a respite from the claims of his creditors for a certain time and died before the time expired, to the mode in which that jurisdiction should be exercised, to the propriety of collaterally attacking a sale made by its authority, to the point whether or not the death of the party transferred the proceedings to the court of probate, and to the mode in which the court of probate should exercise its jurisdiction, this Court will adopt these decisions, and especially where many of them concur with the judgments of this Court upon the same or similar points.

The Louisiana cases and those of this Court examined.

This was a bill filed by Madame Emilie Poultney, in her lifetime, against the City of New Orleans and about eight hundred and fifty other parties, some of whom included a number of persons, such as the Presbyterian Church, Bank of the United States &c.

The facts in the case are stated in the opinion of the Court.

In November, 1854, the circuit court dismissed the bill, and the complainant appealed to this Court.


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