Koehl v. Solari
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. Bightor. J. No one can be compelled to hold property in common.
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PPEAL from the Civil District Court for the Parish of Orleans. Bightor. J. No one can be compelled to hold property in common. C. C., Arts. 1289, 1290, 1308. Although, owing to the peculiar solicitude of the Louisiana Code for the rights of minors, it may be open to argument whether the partition sale of real estate held in common by a tutor and his ward of itself disencumbers the tutor’s share of the general mortgage extant upon it in favor of the minor, and refers the minor’s security to the proceeds going to the tutor, there is undisputed authority to the effect that the mortgage is…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
The decree appealed from in this case makes absolute a rule taken by the plaintiff to coerce Fritz Jahncke to accept title to certain real estate situated in the city of New Orleans, which was adjudicated to him at public auction, conformably to a judicial decree directing and requiring a partition thereof by licitation.
It directed and required the said defendant in rule to pay the purchase price in compliance with the terms of the adjudication, and ordered that the portion thereof coming to Mrs. Bryant, individually and as tutrix, be…
2Cited by8 opinions
- Gumpert v. SignalSupreme Court of Louisiana · 1934
- Barton v. HicksonSupreme Court of Louisiana · 1913
- Carrollton Land & Improvement Co. v. Eureka Homestead SocietySupreme Court of Louisiana · 1907
- Peaslee-Gaulbert Co. v. TurnerLouisiana Court of Appeal · 1925
- Schmidt v. SchmidtSupreme Court of Louisiana · 1924
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