Heirs of Castle v. Floyd
Supreme Court of Louisiana
APPEAL from the Sixteenth District Court, Parish of St. Helena* Eernan, J. Actions to resolve the sale for non-payment of price prescribe only in ten years. And this term of prescription bogins from maturity of first instalment, -when the piice is to be paid, in instalments. 14 Ann. 340 ; 23 Ann. 355. Minors cannot bo prescribed against, except in cases provided by law.
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APPEAL from the Sixteenth District Court, Parish of St. Helena* Eernan, J. Actions to resolve the sale for non-payment of price prescribe only in ten years. And this term of prescription bogins from maturity of first instalment, -when the piice is to be paid, in instalments. 14 Ann. 340 ; 23 Ann. 355. Minors cannot bo prescribed against, except in cases provided by law. C. C. 3522; 33 Ann. 769. In actions of resolution it is not necessary to put defendant in default. 28 Ann, 582, 740, Tho vendor returns the portion of the price paid, and the vendee returps the thing with it» ' revenues.. 14…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Allen Castle died in the parish óf St. Helena in the ;year 1861, leaving a surviving widow and three children, viz: Florida, ■John Benjamin, and Nettie — all minors.
The widow qualified as their natural tutrix, and in that capacity administered the succession of ber deceased husband. During the minority of the children she intermarried with W. D. Floyd, without first •obtaining the consent thereto of a family meeting. Thereafter pro■ceedings were inaugurated for the partition of certain real estate of Allen Castle’s 'succession by lieitation.…
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