Jones v. Crocker
Supreme Court of Louisiana
APPEAL from the District Court of the First District, Buchanan, J. The principle governing the ease of Lalanne’s Heirs v. Moreau, 13 La. 437, applies only to purchasers in good faith. It will not protect a party to the proceedings, cognizant of the fraud. Judicial proceedings, used to cover illegal acts, cannot protect the parties or privies. Fennessyv. Gonsoulin, 11 La. 424. Minors may sue for then-property illegally alienated, or for its price.
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APPEAL from the District Court of the First District, Buchanan, J. The principle governing the ease of Lalanne’s Heirs v. Moreau, 13 La. 437, applies only to purchasers in good faith. It will not protect a party to the proceedings, cognizant of the fraud. Judicial proceedings, used to cover illegal acts, cannot protect the parties or privies. Fennessyv. Gonsoulin, 11 La. 424. Minors may sue for then-property illegally alienated, or for its price. Harty v. Harty, 2 La. 520. The prescription of five year’s cures only informalities. Stat. 10 March, 1836, s. 4, Sess. Acts, p. 123. contended that…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
The petition alleges that Michael Jones, their father and tutor by nature, caused a town lot forming part of the community property between him and Sarah Roberts, his late wife, and the mother of the petitioners, who are his only heirs, .to be sold at probate sale, after the usual formalities of law, sometime in the year 1837, under the pretence that said s¿le was necessary to pay the debts of the community ; that the defendant became the purchaser for the price of $10,000 ; that, at the time of the death of their mother, which occurred in…
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