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Remedial writs will not be issued if the applicant has complete remedy by appeal.
The heirs attacked certain legacies and donations made to the executrix and another. The heirs further demanded to be recognized as forced heirs of the decedent, to be sent into possession of the estate, and nullification of the executrix's appointment. The trial court dismissed the heirs' demands, but reserved their right to accept the estate unconditionally and to be sent into possession on payment of the debts of the estate. The heirs filed petitions for writs of certiorari, mandamus, and a prohibition, stating that there were no legacies other than illegal legacies and that they had a right to be recognized as forced heirs.
Did the judgment by the district court sufficiently decide the issue as presented to enable the plaintiffs to appeal, and to have all the questions involved decided on appeal?
The court affirmed, holding that the trial court did not refuse to recognize the heirs' rights as forced heirs, but merely reserved that right pending the determination of the right to possession of the estate. The court held that whatever errors may have been committed could be corrected on appeal and remedial writs, such as those filed by the heirs, were not to be issued if the heirs had complete remedies by appeal.