Succession of Hawkins
Supreme Court of Louisiana
APPEAL from the Civil District Court for tjie Parish of Orleans. Tissot, J. ' ' ' 1. The absence contemplated by Article 46, C. C., vrhich resqlts.in the forfeiture of domicile, is an absence without intention to return.
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APPEAL from the Civil District Court for tjie Parish of Orleans. Tissot, J. ' ' ' 1. The absence contemplated by Article 46, C. C., vrhich resqlts.in the forfeiture of domicile, is an absence without intention to return. This Article jnust lie construed with C. C. 42, 42;’- 1 Kent, 77, 346, (12th ed.); '2 Ibid.’ 431, notii (b) ; Acts 2855, p’. 331; &3 An. 911; 30 An. 498; 7 An. 408; 13 D. 298; 2 An. 950; 15 An. 638. , . <■ 2. Under-tutor is competent to represent tutor, under power of attorney in latter's temporary absence; “ competency is the rule—incapacity the exception—and the exception…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a proceeding to compel a purchaser to comply with the terms'of an adjudication of succession property made to him, under proceedings conducted in the name of the tutrix of the minor children of the deceased.
The defense is, that the title tendered is not good and, therefore, not such as the adjudicatee is bound to accept. In support of that defense it is substantially charged, that at the time of the proceedings there was no tutrix, the widow having lost that official capacity by a voluntary absence of more than two years from the…
2Cited by6 opinions
- Roby v. LeonardLouisiana Court of Appeal · 1968
- Gandy v. CaldwellSupreme Court of Louisiana · 1930
- Robinson v. Scharfenstein & SonSupreme Court of Louisiana · 1921
- Carrollton Land & Improvement Co. v. Eureka Homestead SocietySupreme Court of Louisiana · 1907
- Gandy v. CaldwellLouisiana Court of Appeal · 1930
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