United States Supreme Court Cases & Opinions

U.S. Supreme Court

Foulke v. Zimmerman, 81 U.S. 14 Wall. 113 113 (1871)

Foulke v. Zimmerman

81 U.S. (14 Wall.) 113

Syllabus

1. A probate in Louisiana of the will of a person who died domiciled in New York is valid until set aside in the Louisiana court, though the order of the surrogate in New York has been reversed in the supreme court of that state, on which the Louisiana probate was founded.

2. A purchaser from the devisee of such will of real estate in Louisiana, while the order of the Louisiana court establishing the will remains in force, is an innocent purchaser, and is not affected by a subsequent order setting aside the will, to which he, is not a party.

3. Such an order, founded on a verdict and judgment in New York declaring the will void, obtained by collusion between the devisee under the will and the heirs at law, cannot affect the purchaser from the devisee, made in good faith before such verdict and judgment.

These were two suits in the court below in the nature of actions of ejectment to recover certain lots in New Orleans, and also rents and profits. That court gave judgment in both cases for the defendants, and to these judgments the present writs of error were taken.