Norres v. Hays
Supreme Court of Louisiana
APPEAL from the Twenty-first District Oourt, Parish of Iberia. Mouton, J. The court, in remanding this ease, did not limit the further proceedings to the question of interruption of prescription.
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APPEAL from the Twenty-first District Oourt, Parish of Iberia. Mouton, J. The court, in remanding this ease, did not limit the further proceedings to the question of interruption of prescription. Unconditional heirs of an estate may, in tlieir own names, institute an action to annul a tax sale of the property of a debtor of the estate, especially if the administrator be made a party. 42 An. 857. Only the administrator of an estate under administration can sue to recovera money debt due it. An heir can not. 24 An. 278; 28 An. 591; 38 An. 1010; 36 An. 408. Prescription as between an estate and…
1Opinion of the Court
The opinion of the court was delivered by
McEnbry, J.
The plaintiffs, alleging themselves to be the holders of and owners of a mortgage claim against property sold at tax sale, brought this suit to cancel the same.
An exception of no cause of action and prescription was filed The exception was maintained and the suit dismissed.
On appeal to this court the judgment was reversed, and the case remanded for the purpose of trying the question of prescription, and on the merits in case the exception of prescription should be overruled.
In the decree remanding the case to be tried on the merits, the…
2Cited by14 opinions
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- Federal Land Bank v. ScallanSupreme Court of Louisiana · 1934
- Nebraska-Tensas Co. v. MoritzSupreme Court of Louisiana · 1924
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