Blair v. Dwyer

Citations

• 110 La. 332
• 34 So. 464
• 1903 La. LEXIS 631

Syllabus

<p>PARTITION — MISJOINDER OF PARTIES — TUTOR —SALE OF MINOR’S PROPERTY — BONA FIDE PURCHASER.</p> <p>1. An exception of mis-joinder was filed on-the ground that the exceptor having sold part of the property before it had been decreed that plaintiffs owned any interest in it, and his vendee thus claiming a separate tract and ex-ceptor a separate tract, it was bad practice to join both- in the same partition suit: Held, since some privity of interest exist between exceptor and his vendee in this, that the ex-ceptor is warrantor of the title of his vendee and was called in warranty, and since the objection raised is obviated by the judgment appealed from ordering separate sale of the two-tracts to effect partition, the exception will not be sustained.</p> <p>2. A private sale of minors’ property by their tutor to pay debts is void, and it is none the less so because a family meeting advised it and the judge homologated the proceedings of the-meeting.</p> <p>3. The immediate vendee in such a sale may be a possessor in bad faith; but it does not necessarily follow that his vendee, nor the vendee of his vendee, is likewise in bad faith. A purchaser may well be in good faith though his vendor was in bad faith.</p> <p>4. Nor is a vendee to be held a possessor in bad faith merely because of the fact, or the probability, that a careful examination of the conveyance records would have disclosed the nullity of the vendor’s title.</p> <p>(Syllabus by the Court.)</p>