Fradella v. Pumilia

I feel impelled to dissent from the majority opinion because, in my view, the sale to-Marco Rosamano was a valid sale. That sale was not the result of a suit for a judicial partition. No defendant was named, no citation issued, and no judgment was asked against any person condemning the sale of the property.

The proceedings leading up to the sale were clearly instituted under the provisions of section 2667 of the Revised Statutes, as amended and re-enacted by Act No. 25 of' 1878, authorizing the private sale of property held by minors in common with other persons. See Becnel v. Louisiana…