Munholland v. Scott
Supreme Court of Louisiana
APPEAL from the Fifth District Court, parish of Richland. Brigham, J. First — On. arriving at age, the sole heir ean attach sales of his father’s estate while he was a minor, on showing that sneh sales were illegal and injurious. Second — The administrator cannot renounce prescription on a claim against the estate. Third — A writ of seizure and sale cannot issue until notice of the order has been served and the delays given.
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APPEAL from the Fifth District Court, parish of Richland. Brigham, J. First — On. arriving at age, the sole heir ean attach sales of his father’s estate while he was a minor, on showing that sneh sales were illegal and injurious. Second — The administrator cannot renounce prescription on a claim against the estate. Third — A writ of seizure and sale cannot issue until notice of the order has been served and the delays given. Fourth — After offering property once for cash without a sale, the sheriff cannot again, offer for cash under the same writ. He must at the second offering sell on twelve…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This action is brought by plaintiff -as sole heir of Lorenzo D. Munholland, to annul a sheriff’s sale of land to Mrs. Scott, made in executory proceedings taken contradictorily with, the administrator of his ancestor’s estate.
The grounds of nullity alleged are manifold, viz.:
1st. Fraud and collusion between the defendants. We find in the record not the slightest evidence of fraud, actual or constructive. We do not even discover proof that plaintiff was injured by the sale. Nothing in the record shows the property brought less than its value,…
2Cases cited1 opinion
- Hoadley v. San FranciscoSupreme Court of the United States · 1876
3Cited by20 opinions
- Cole v. RichmondSupreme Court of Louisiana · 1924
- Richardson v. McDonaldSupreme Court of Louisiana · 1916
- Thibodaux v. BarrowSupreme Court of Louisiana · 1911
- Huber v. Jennings-Heywood Oil SyndicateSupreme Court of Louisiana · 1904
- Tucker v. New Orleans Laundries, Inc.Louisiana Court of Appeal · 1962
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