Vincent v. D'Aubigne

This action is brought to avoid a sale made in pursuance of executory process.

Two grounds of nullity are set up:

1. When the executory process was issued and the property sold, the succession of Mcllhenny was unrepresented by an administrator, and L. C. Davis, who was merely tutor to the minor Mcllhenny, appointed without bond, was made a party defendant in said suit, and that notice of seizure served on him was insufficient, he being incapable of standing in judgment.

2. The property should not have been sold for less than fifteen thous- and dollars, at which it was appraised in the inventory…