Rist v. Hartner
Supreme Court of Louisiana
APPEAL from the Sixteenth District Court for the Parish of East Feliciana. Brame, ./. A minor’s immovable property can be sold only on the advice ol a family meeting, by order of the judge, at public auction, after thirty days’ advertisement. R. C. 339-341. A sale made without the formalities prescribed by law, by a tutor, of the immovables of a minor, is an absolute nullity.
Read the full summary
APPEAL from the Sixteenth District Court for the Parish of East Feliciana. Brame, ./. A minor’s immovable property can be sold only on the advice ol a family meeting, by order of the judge, at public auction, after thirty days’ advertisement. R. C. 339-341. A sale made without the formalities prescribed by law, by a tutor, of the immovables of a minor, is an absolute nullity. Vaughan vs. Christine, 3 An; 328. An action for the revendication of property so sold is prescribed only by ten years from the minor’s majority. Ib. Where the title of plaintiff has never been divested, h'is right to…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
This is a petitory action for a share of certain real estate, including a demand for rents and revenues.
It is brought by a minor who has become of age, in his own name, as heir of his mother, and also as heir of his sister. It is directed against a tutor, Hartner, who, under the advice of a family meeting, had bought it for account of the minors, whose tutor he was, and one of whom was the plaintiff. Hartner subsequently sold it to a third party, Schntzman, at private sale, and acquired it back from that party in his individual name. It…
2Cited by7 opinions
- Berry v. WagnerSupreme Court of Louisiana · 1921
- Eby v. McLainSupreme Court of Louisiana · 1909
- Touchy v. Gulf Land Co.Supreme Court of Louisiana · 1908
- Crain v. Tremont Lumber Co.Supreme Court of Louisiana · 1913
- Margetich v. EmmonsSupreme Court of Louisiana · 1933
2 more not listed; retrieve them via the Exa API.