Munday v. Kaufman

The opinion of the court was delivered by

WATKINS, J.

This is an action for the rescission of a judicial sale on the charge of nullities alleged to have existed in the proceedings leading up to the sale, as that of the property of a minor; and the defence urged against it is the protection which is afforded an adju-judication regular in form and founded upon an order of court, which has been granted for the sale of succession property for the payment of its debts and charges.

In limine the defendant tendered an exception to the capacity of the plaintiff to institute this suit, as an emancipated…