Legal Opinion

Hirst v. Xeter Realty, Ltd.

Supreme Court of Louisiana

Decided April 12, 1915No. 20224Published

Appeal from Fifteenth Judicial District Court, Parish of Jefferson Davis; Alfred M. Barbe, Judge. Action by Ida Hirst and others against the Xeter Realty, Limited. Judgment for plaintiffs, and defendant appeals.

1Opinion

On the Merits.

[3] The heirs of Mrs. Mary Jane Buch sue to annul a tax sale of the S. % of S. E. % of section 9 S., range 3 W., parish of Jefferson Davis, to the defendant company.

The grounds of nullity alleged are that the newspaper in which the advertisement of the sale was published was not the official journal, and that notice of delinquency was not given to the tax debtor.

The sale was made more than 5 years before the institution of this suit, and defendant invokes the benefit of the curative provision of the Constitution (article 233) reading:

“No sale of property for taxes shall be set…

2Cases cited16 opinions

  1. Den v. TurnerSupreme Court of the United States · 1824
  2. Redfield v. ParksSupreme Court of the United States · 1889
  3. Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
  4. Carey v. CagneySupreme Court of Louisiana · 1902
  5. Moore v. BrownSupreme Court of the United States · 1851

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