Hutchiss v. Dodd
Supreme Court of Louisiana
ArrEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF WEST BATON ROUGE. This is an action instituted by the plaintiff as tutor of the minor children of James Hackett, deceased, to annul a sale of the property of his succession, on the ground that it was made below the appraised value.
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ArrEAL FROM THE COURT OF PROBATES, FOR THE PARISH OF WEST BATON ROUGE. This is an action instituted by the plaintiff as tutor of the minor children of James Hackett, deceased, to annul a sale of the property of his succession, on the ground that it was made below the appraised value. He .shows, that in pursuance of the advice of a family meeting, and an order of the Court of Probates, the plantation and lands of the late James Hackett were appraised at the sum of eighteen thousand dollars, and offered for sale in two divisions or lots; and that the defendant, Dodd, pnr-chased one of said…
1Opinion of the CourtMartin, J.
The plaintiff complains of a judgment which sustains a sale of the land of the minors whose tutor he is, and which he sought to set aside, on the ground that it was illegally made below the price of the appraisement. The court süs-i 'll tained the sale, because it was made with the advice of a family meeting, for the purpose of paying the debts of the minors’ ancestor, and to effect a partition.
It appears to us, the judge of probates was in error. It is true that when creditors sue for their debts, and procure a sale of the estate for their payment, the land may be sold as . . ,. . . . ill…
2Cited by3 opinions
- Romero v. RaderSupreme Court of Louisiana · 1920
- Succession of DumestreSupreme Court of Louisiana · 1888
- Succession of StoltzSupreme Court of Louisiana · 1876