Page:Federal Reporter, 1st Series, Volume 8.djvu/129

FIKST NAT. BANK OP NEW ORLEANS V, BOHNE. 115 �FiHST Nat. Bank of New Obleans v. Bohnb and others. (Gircuit Court, E. D. Louisiana. July 9, 1881.) �1. Heibb— Rev. Civil Code op Louisiana, Art. 1013. �Provided none of the rights of the complainant are thereby affected, a court of equity will not hold heirs to the liability, for the debts of the succession as if they themselves had contracted them, which they incur, uuder the provisions of article 1013 of the Rev. Civil Code of Louisiana, by neglecting to take the inventory therein required, particularly where a formai inventory of the suc- cession has been made under judicial authority. �2. State and J'edeual Courts— National Bank— Jubisdiction. �Though a corporation, incorporated under the provisions of an act of con- gress, may have adequate remedies in the state courts, it has a right to sue in the United States courts, and is not compelled to seeii the jurisdiction of the State. �3. Res Adjddicata. �The plea of res adjudicata cannot be successfully interposed hy the respond- ents to a bill brought in a court of equity to enforce a judgment obiamed against the same parties, when defending an action at law. �In Equity. �Pardee, C. J, In 1872 the First National Bank sued A. Bohne, a stockholder, for $2,000 and interest, the same being for 20 share& of the stock. The suit was put at issue. On the thirteenth of August, 1873, A. Bohne died, and in the course of the same month his wife. Their successions were opened in the probate court. The eldest son, George C. Bohne, obtained the dative tutorship of the two minor children, Francis and Bertha, took an inventory of the prop- erty, and administered the successions. In due course of law the Personal property was sold, and the debts paid. ihe tutor filed an account in 1875, and the same after publication, was duly homol- ogated. By this account it appears that there were five heirs, to whom was distributed the property of the estate in equal proportions, to-wit : the community property, one-fifth to each. Pending these proceedings the plaintiffs in this suit, by scire facias, made George C. Bohne, in his capaeity as tutor of the minors, and George C. Bohne as an heir, parties to the suit pending in the United States court. The case was subsequently fixed for trial, and on February 28, 187C, judgment was rendered against George C. Bobine, tutor of the minors Francis T. and Bertha A. Bohne, for the amount claimed, $2,000 and interest, payable in due course of admipistration. From the date of said judgment to the present tinie plaintiff bas taken no action under said decree. �It is propey. to mention that there belonged to the, joint estftte of ��� �