Hansell v. Hansell
Supreme Court of Louisiana
A PEAL from the Civil District Court for the Parish of Orleans. King, J. An absentee is properly cited through a curator ad hoc. C. P. 116, 961; C. C. 56. 'Curator ad hoc need not be sworn. Thayer vs. Tudor, 2 An. 1010. Until a person is interdicted he is considered to be sane and treated as sane; if notoriously insane, he occupies precisely the same position, and is treated precisely in the same manner as if he had been interdicted.
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A PEAL from the Civil District Court for the Parish of Orleans. King, J. An absentee is properly cited through a curator ad hoc. C. P. 116, 961; C. C. 56. 'Curator ad hoc need not be sworn. Thayer vs. Tudor, 2 An. 1010. Until a person is interdicted he is considered to be sane and treated as sane; if notoriously insane, he occupies precisely the same position, and is treated precisely in the same manner as if he had been interdicted. C. C. 1788,102. An interdict is precisely like a minor, both as to his person and property, and the sale thereof. C. C. 115; Interdiction of Parker, 39 An. 333;…
1Opinion of the Court
The opinion of the court was delivered by
McEnbry, J.
Plaintiffs, EmmaW. Hansell et al., being the owners of an undivided twenty-nine-thirtieths of certain improved-real estate in the first district of the city of New Orleans, on Magazine and Common streets, bring this suit for a partition against Henry H. Hansell, the owner of the remaining-undivided one-thirtieth interest. The petition alleges the ownership, and that Henry H. Hansell is a notoriously insane person who has never been interdicted, and to whom no curator has ever been appointed; that he is confined in an asylum in the city of…
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