Dauterive v. Shaw
Supreme Court of Louisiana
APPEAL from the Nineteenth Judicial District Court for the Parish of Iberia. Voorhies, J. Tender of purchase price not required, as a condition precedent, in this case, in which plaintiff avers that he has been deprived of his property by a fraudulent conspiracy and that he received no part of the proceeds of the sale. 34 An. 288; Gillespie vs. Twitchell, 33 An. 744. "When both parents of a minor, as in this case, are living, there can be no legal appointment of a tutor and…
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APPEAL from the Nineteenth Judicial District Court for the Parish of Iberia. Voorhies, J. Tender of purchase price not required, as a condition precedent, in this case, in which plaintiff avers that he has been deprived of his property by a fraudulent conspiracy and that he received no part of the proceeds of the sale. 34 An. 288; Gillespie vs. Twitchell, 33 An. 744. "When both parents of a minor, as in this case, are living, there can be no legal appointment of a tutor and under-tutor, and in case of any such appointments they are absolutely null and void, because the law, under such…
1Opinion of the Court
. The opinion of the court was delivered by
Miller, J.
The plaintiff sues to have his title recognized as owner of one-third of certain property held by the defendants under a sale based on the proceedings of a family meeting and judgment of homologation of the parish court of Iberia, directing the sale of the interest of the plaintiff, then a minor. From the judgment in defendants’ favor, plaintiff appeals.
In 1879 the father of the plaintiff petitioned the Parish Court for the holding of a family meeting of the relatives or friends of the minor to advise as to the private sale of his interest…
2Cases cited1 opinion
- Lalanne's Heirs v. MoreauSupreme Court of Louisiana · 1839
3Cited by10 opinions
- Blades v. Southern Farm Bureau Casualty InsuranceSupreme Court of Louisiana · 1959
- Gandy v. CaldwellSupreme Court of Louisiana · 1930
- Grantham v. SmithLouisiana Court of Appeal · 1931
- Carrollton Land & Improvement Co. v. Eureka Homestead SocietySupreme Court of Louisiana · 1907
- Blandin v. BlandinSupreme Court of Louisiana · 1910
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