Beland v. Gebelin
Supreme Court of Louisiana
APPEAL from the Fifteenth District Court, Parish of East Baton Rouge. Buelmer, J. 1. The rule that the decree protects the purchaser is subject to two conditions: (1) That the court is competent, in the subject matter, to render the decree. 14 L. 273; 13 An. 476; 25 An. 164; 2 L. 328; 11 L. 156; 20 A n. 233; 29 An. 523; 30 \ n. 139, 727; 23 An. 310; 30 An. 482, 1111; 40 An. 571; James vs. Meyer, 41 An. 1100. (3) The purchaser must be an innocent third party.
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APPEAL from the Fifteenth District Court, Parish of East Baton Rouge. Buelmer, J. 1. The rule that the decree protects the purchaser is subject to two conditions: (1) That the court is competent, in the subject matter, to render the decree. 14 L. 273; 13 An. 476; 25 An. 164; 2 L. 328; 11 L. 156; 20 A n. 233; 29 An. 523; 30 \ n. 139, 727; 23 An. 310; 30 An. 482, 1111; 40 An. 571; James vs. Meyer, 41 An. 1100. (3) The purchaser must be an innocent third party. (11 An. 3; 14 Ai}. 622 ; 34 An. 293, 1017); and a deputy sheriff can not claim this position. 8 N. S. 165; 6 L. 407 ; 9 L. 44; 15 L.…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
Plaintiffs aver that they are the sole heirs of their father and mother, Jean Marie Lancelot and his wife. That their father’s succession was opened in East Baton Rouge and a certain piece of real estate described in their petition was inventoried as community property. That John O’Connor, in his capacity as public administrator, took possession of said property on June 17, 1871, and rendered his final account, which was homologated December 31, 1873. That in the decree homologating the account the parish judge ordered the property to be…
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