Mallard v. Dejan
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Théard, J. A private sale within the meaning of Acts 184 of 1869 and 25 of 1878 is one which is not preceded nor governed by the articles of the Civil Code and the formalities in relation to judicial partitions.
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APPEAL from the Civil District Court for the Parish of Orleans. Théard, J. A private sale within the meaning of Acts 184 of 1869 and 25 of 1878 is one which is not preceded nor governed by the articles of the Civil Code and the formalities in relation to judicial partitions. The order to sell at private sale is not violated if, by consent of all parties, and in order to obtain the best price possible, the property is advertised for sale and cried at auction and adjudicated for a price and on terms fixed by the family meeting. The advertisement was an act of supererogation beneficial to the…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
Albert Mallard, Prudent Mallard, George Mallard, majors, and the minor children* of Maria Mallard, deceased, owned a piece of property corner of Royal and Bienville streets. ■
Some of the co-proprietors were desirous for a division of the property, which could not be divided in kind.
Without an order of court, based upon the recommendations of a family meeting, 'the parties, the minors being represented by their tutor, who was their father, agreed to sell said property at auction, and advertised the same for sale, on certain terms and…
2Cases cited3 opinions
- Cavelier v. GermainSupreme Court of Louisiana · 1834
- Elliott v. LabarreSupreme Court of Louisiana · 1831
- Melançon's Heirs v. DuhamelSupreme Court of Louisiana · 1834
3Cited by8 opinions
- Roberts v. MedlockLouisiana Court of Appeal · 1933
- Medicis v. MedicisSupreme Court of Louisiana · 1924
- Simpson v. BulkleySupreme Court of Louisiana · 1916
- Getman v. HarrisonSupreme Court of Louisiana · 1904
- Succession of GairnesSupreme Court of Louisiana · 1908
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