Robinson v. Nunly
Louisiana Court of Appeal
1ConcurrenceCaraway, J.
hi concur with the majority’s ruling. By enacting the statute for the prescription of actions to set aside judicially authorized sales in La. R.S. 9:5632, the legislature has recognized a cause of action stemming from a “defective” “legal procedure” underlying a court ordered sale. This statute puts the purchaser on notice that he is vulnerable to rescission of the sale by the heirs whose rights were adversely affected by the flawed and inappropriate procedure. See also La. R.S. 9:5622.
Because the plaintiffs’ claim seeks rescission of the sale of succession property, the cause of action is…
2Cases cited11 opinions
- Succession of PipitoneSupreme Court of Louisiana · 1943
- Hamilton v. McKeeSupreme Court of Louisiana · 1979
- Southern Natural Gas Co. v. NaquinLouisiana Court of Appeal · 1964
- Succession of LawsonLouisiana Court of Appeal · 1981
- Succession of RobertsLouisiana Court of Appeal · 1971
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