Linman v. Riggins
Supreme Court of Louisiana
APPEAL from the First District Court,- Parish of Caddo. Taylor, J. 1. Where the"petition alleges and shows there were no debts due^by^deceased, there is no administration necessary, and a sale by such administrator is void. *30 Ann. 479; Barton and wife vs. Bougier and Sheriff; 29 Ann. 560; Burns vs. Tan Loon and numerous others. 2. Since the amendment to article 2237 C. C., forced heirs are not restricted in their right to annul simulated contracts of those from whom they…
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APPEAL from the First District Court,- Parish of Caddo. Taylor, J. 1. Where the"petition alleges and shows there were no debts due^by^deceased, there is no administration necessary, and a sale by such administrator is void. *30 Ann. 479; Barton and wife vs. Bougier and Sheriff; 29 Ann. 560; Burns vs. Tan Loon and numerous others. 2. Since the amendment to article 2237 C. C., forced heirs are not restricted in their right to annul simulated contracts of those from whom they acquire interest, by parol evidence to their legitime. The right of action in such* cases is now unlimited.»: 39 Ann.…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Plaintiffs, as the heirs of Catherine Linman, deceased wife of Herman Linman, seek the revocation and dissolution of an alleged probate sale of real estate, which was, at the time of her death, an asset of the legal community ; and they claim one-half interest therein.
They substantially allege that, notwithstanding Herman Linman administered the succession of the deceased, an administration was wholly unnecessary, inasmuch as it owed no debts that could not have been satisfied out of the assets of the community, other than the real estate,…
2Cases cited2 opinions
- Ball's Administratrix v. BallSupreme Court of Louisiana · 1840
- Graham's Heirs v. GibsonSupreme Court of Louisiana · 1839
3Cited by11 opinions
- Key v. SalleySupreme Court of Louisiana · 1951
- Garrett v. BoeingCourt of Appeals for the Sixth Circuit · 1895
- Succession of ThomasSupreme Court of Louisiana · 1904
- Granger v. HébertSupreme Court of Louisiana · 1908
- Irwin v. FlynnSupreme Court of Louisiana · 1903
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