Legal Opinion

Staples v. Mayer

Supreme Court of Louisiana

Decided May 15, 1892No. 11,042PublishedCited by 5 opinions

APPEAL from the Twelfth District Court for the Parish of Avoyelles. Goco, J. 1. An executor has capacity to institute and prosecute to judgment real actions for the recovery into the succession of the testator of property in the hands of strangers without joining the heirs as plaintiffs. 10 S. R. 413. 2. Tender of the purchase price is not always an essential prerequisite to the institution of a suit for the recovery of real property.

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APPEAL from the Twelfth District Court for the Parish of Avoyelles. Goco, J. 1. An executor has capacity to institute and prosecute to judgment real actions for the recovery into the succession of the testator of property in the hands of strangers without joining the heirs as plaintiffs. 10 S. R. 413. 2. Tender of the purchase price is not always an essential prerequisite to the institution of a suit for the recovery of real property. There are cases in which tender can not be successfully made. 40 An. 677. 3. When third pevsons attack contracts for fraud, testimonial proof is of necessity…

1Opinion of the Court

The opinion of the court was delivered by

Fenner, J.

Plaintiff, suing in the capacity of executor of Walter O.Winn, alleges substantially:

1. That the succession of Winn owned certain lands in the parish of Avoyelles.

2. That in July, 1887, said lands were lawfully sold for delinquent taxes due thereon by said succession, and were adjudicated to Geo. L. Mayer for the price of §44.19, who paid the price and received the tax collector’s deed.

3. That in December, 1887, Mayer executed an act of sale of said property to M. O. Mosely.

4. That the sale to Mosely was induced by his false and fraudulent…

2Cited by5 opinions

  1. Gulf Oil Corporation and Estate of William G. Helis v. Nicholas D. OlivierCourt of Appeals for the Fifth Circuit · 1969
  2. Dufour v. WoodLouisiana Court of Appeal · 1977
  3. Tate v. DupuisLouisiana Court of Appeal · 1940
  4. De Blanc v. Texas Co.Court of Appeals for the Fifth Circuit · 1941
  5. Hayes v. FridgeSupreme Court of Louisiana · 1924

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