Legal Opinion

Heirs of Wood v. Nicholls

Supreme Court of Louisiana

Decided May 15, 1881No. 7795PublishedCited by 44 opinions

APPEAL from the Thirteenth Judicial District Court, parish of Tensas. Hough, J. An administrator cannot, either by himself or by a third person interposed, purchase the property of the succession which he is administering. Such a purchaser is in bad faith, and is not entitled to either fruits or compensation for improvements. Where the possessor is in bad faith no offer of restitution is required.

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APPEAL from the Thirteenth Judicial District Court, parish of Tensas. Hough, J. An administrator cannot, either by himself or by a third person interposed, purchase the property of the succession which he is administering. Such a purchaser is in bad faith, and is not entitled to either fruits or compensation for improvements. Where the possessor is in bad faith no offer of restitution is required. First — A purchase made by a third person at a probate sale with the intention of selling to the administrator, said intention having been formed, and said purchase made without any previous or…

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

Plaintiffs are four of six forced heirs of their deceased mother, Mrs. Laura Wood, and they bring this suit to recover from the defendant their four-sixths interest, as such heirs, in a certain plantation situated in the parish of Tensas, which, they allege, is unlawfully held by said defendant under an adjudication made in reality to him, while he was administrator of the succession of their deceased mother, at a sale provoked by himself, in said succession, of said property belonging to said succession, in contravention of the prohibition…

2Cases cited2 opinions

  1. Jackson v. LudelingSupreme Court of the United States · 1879
  2. Schieffelin v. KesslerSupreme Court of Pennsylvania · 1835

3Cited by44 opinions

  1. Nabors Oil & Gas Co. v. Louisiana Oil Refining Co.Supreme Court of Louisiana · 1921
  2. Harvey v. RichardSupreme Court of Louisiana · 1942
  3. Shirey v. CampbellLouisiana Court of Appeal · 1963
  4. Thomas v. BlairSupreme Court of Louisiana · 1903
  5. Woodward-Wight & Co. v. Engel Land & Lumber Co.Supreme Court of Louisiana · 1909

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