On Rule by Sample v. Scarborough
Supreme Court of Louisiana
APPEAL from the Tenth District Court, Parish of DeSoto. . Hall, J. In a ease in which the tutor of the sole heirs is administering a succession without opposition from the creditors, a creditor, whose debt is acknowledged by the tutor and placed on his account, which has been homologated, has a legal right to demand the sale of sufficient property of the succession to pay his debt. 0 i. 383; 2 An. 462; 16 An. 420. The homologation by the court of the annual or provisional…
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APPEAL from the Tenth District Court, Parish of DeSoto. . Hall, J. In a ease in which the tutor of the sole heirs is administering a succession without opposition from the creditors, a creditor, whose debt is acknowledged by the tutor and placed on his account, which has been homologated, has a legal right to demand the sale of sufficient property of the succession to pay his debt. 0 i. 383; 2 An. 462; 16 An. 420. The homologation by the court of the annual or provisional account of the tutor during his administration, is not a judgment, final or conclusive, against his ward. It is only prim®…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Claiming to be a recognized crediior of the succes. sion of HenryE. Eullilove, deceased, for a large sum appearing upon a duly homologated account, and alleging his inability to obtain payment thereof, plaintiff proceeded by rule against the defendant as natural tutor of the two minors, sole heirs of deceased, to compel him 1^> pay the debt or, in default of making payment, “to show cause why so much of the property of said succession as is necessary to pay said debt, should not be sold for that purpose according to law,” his averment being…
2Cases cited2 opinions
- Thomas v. ThomasSupreme Court of Pennsylvania · 1829
- Heirs of Wells v. Heirs of CunySupreme Court of Louisiana · 1832
3Cited by8 opinions
- Morrison v. MiotonSupreme Court of Louisiana · 1927
- Atkins v. Dixie Fair Co.Supreme Court of Louisiana · 1914
- Boudreaux v. Lower Terrebonne Refining & Mfg. Co.Supreme Court of Louisiana · 1910
- Deshotels v. LafleurSupreme Court of Louisiana · 1914
- Eby v. McLainSupreme Court of Louisiana · 1909
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