The Heirs of Nicholas Wilson v. the Life and Fire Insurance Company of New York

The proceedings in this case were instituted in the district court for the eastern district of Louisiana, for the purpose of procuring the sale of certain property mortgaged by Nicholas Wilson in his lifetime, to the Life and Fire Insurance Company of New York. The widow and children of the deceased were made defendants in the petition, and the judgment in the district court was in favour of the plaintiffs. The widow, it appears, was entitled to her community in the property mortgaged; and had taken the property of the deceased, as she had a right to do, at the appraisement and estimation. The counsel for the defendant in error has moved to dismiss this case; 1st, Because no persons are named as plaintiffs in the writ of error; but they are described generally in the writ as 'The Heirs of Nicholas Wilson.' 2dly, If this general description is sufficient, yet it appears by the petition for the writ, which is referred to in the appeal bond, that the widow did not join in the application for the writ of error: and as the judgment against the defendants was a joint one, they must all join in a writ of error, unless there is a summons and severance.