Hobson v. Peake
Supreme Court of Louisiana
APPEAL from the Fifteenth District Court for the Parish of Pointe Coupée. Semple, J. 1. The property of non-residents can not be divested by the contrivance of opening the succession of the person from whom they derive title by inheritance, and selling the property at succession sale.
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APPEAL from the Fifteenth District Court for the Parish of Pointe Coupée. Semple, J. 1. The property of non-residents can not be divested by the contrivance of opening the succession of the person from whom they derive title by inheritance, and selling the property at succession sale. Where a succession owes no debt, and the heirs have accepted purely and simply, and are in possession through an agent, an administration is unnecessary and illegal; and asale made in the e#ourse of it is an absolute nullity. 38 An. 716. 2. Where at such succession sale the agent himself becomes the purchaser,…
1Opinion of the Court
The opinion of the court was delivered by
Penner, J.
Dr. Jesse Beaty, a resident of South Carolina, died before the war, leaving to his two brothers, Samuel Beaty and Robert Beaty, Sr., and to his two sisters, Patsy and Margaret A. Beaty, Ms property in the State of Louisiana, consisting of three plantations, known as West Oaks, in the parish of Iberville, and the McOrea and McKneely places, in the parish of Pointe Coupee. The heirs accepted his succession purely and simply and took possession of the estate through their duly appointed agent, Robert MeBeth, who promptly came to Louisiana and…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Harkness v. HydeSupreme Court of the United States · 1879
- Pearce v. FrantumSupreme Court of Louisiana · 1840
- Baillio v. BurneySupreme Court of Louisiana · 1842
3Cited by13 opinions
- St. Paul v. Louisiana Cypress Lumber Co.Supreme Court of Louisiana · 1906
- Andrews v. SheehySupreme Court of Louisiana · 1909
- Latham v. GlasscockSupreme Court of Louisiana · 1926
- Andrews v. SheehySupreme Court of Louisiana · 1908
- Rocques' Heirs v. Levecque's HeirsSupreme Court of Louisiana · 1903
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