Legal Opinion

Succession of Gairnes

Supreme Court of Louisiana

Decided April 13, 1908No. 16,870PublishedCited by 3 opinions

Appeal from Civil District Court, Parish of 'Orleans; Fred. Durieve King, Judge. In the matter of the succession of Michael Gairnes. Rule by the administratrix on Francis Carrau to show cause why he should not be condemned to comply with the adjudication. Judgment for defendant in rule, and plaintiff in rule appeals.

1Opinion of the CourtLand, J.

Two lots belonging to the succession of Michael Gairnes were adjudicated at a probate sale to Francis Carrau, who refused to comply with his bid on the ground that the sale had not been advertised as required by law. Thereafter the administratrix ruled Francis Carrau to show cause why he should not be condemned to comply with the adjudication.

F'or answer, the defendant in rule averred that the adjudication made to him was null and void, and conferred no title on him, because the advertisement of the sale had not been published “once a week” during 30 days, as required by law, and that on the…

2Cases cited5 opinions

  1. Cavelier v. GermainSupreme Court of Louisiana · 1834
  2. Mallard v. DejanSupreme Court of Louisiana · 1893
  3. Succession of Richardson v. Heirs of RichardsonSupreme Court of Louisiana · 1900
  4. Succession of LoebSupreme Court of Louisiana · 1900
  5. MacRae v. SmithSupreme Court of Louisiana · 1904

3Cited by3 opinions

  1. Medicis v. MedicisSupreme Court of Louisiana · 1924
  2. Curead v. LutenbacherLouisiana Court of Appeal · 1915
  3. Succession of v. LentiSupreme Court of Louisiana · 1931

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