Succession of Dumestre
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. VoorMes, J. I. A purchaser at a probate sale, which is a judicial sale, is not bound to look beyond the decree and tlie jurisdiction of the court. Hennen's Digest, p. 1494. II.
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APPEAL from the Civil District Court, Parish of Orleans. VoorMes, J. I. A purchaser at a probate sale, which is a judicial sale, is not bound to look beyond the decree and tlie jurisdiction of the court. Hennen's Digest, p. 1494. II. A valid and indefeasible title is given by a sale ordered by a competent court on the petition of a tutor administering a succession, acting under the advice and direction of a family meeting, the object of the sale being to pay the debts of the succession. The major heirs, who are also creditors of the deceased, joining in the petition for a sale. Nesom vs,…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The question presented is: Whether the adjudicatee of certain property belonging to this succession shall be ■compelled to comply with his bid.
The ground of resistance is, that the proceeding by which the order of sale was obtained and the order itself are unwarranted, and, as such, null, and that, therefore, no title has passed to the adjudicatee.
Mrs. Dumestre died leaving minor and major heirs and owning property inventoried at $24,000. She was indebted to third parties in about $6000, and, it is alleged, to her major heirs some $4000.
A…
2Cited by14 opinions
- Brewer v. Yazoo & M. V. R.Supreme Court of Louisiana · 1911
- Simpson v. BulkleySupreme Court of Louisiana · 1916
- Deshotels v. LafleurSupreme Court of Louisiana · 1914
- Huckaby v. HuckabySupreme Court of Louisiana · 1913
- Hammond v. GibbsLouisiana Court of Appeal · 1965
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