Carrollton Land & Improvement Co. v. Eureka Homestead Society

Citations

• 119 La. 692
• 44 So. 434
• 1907 La. LEXIS 540

Syllabus

<p>1. Tutors — Actions—Authority to Answer —Statutory Provision.</p> <p>Under article 1314 of the Revised Civil Code, 'no authorization by the judge on the advice of a family meeting is needed by the tutor of a minor in order to answer a suit for a partition brought against him.</p> <p>2. Same — Capacity to Sue or be Sued.</p> <p>Where two of the parties holding property in indivisión with a minor file a petition, alleging unwillingness any longer to remain in indivisión with him, and praying for a sale to effect a partition, the minor occupies the position of a defendant in the proceedings, though he be a coplaintiff in the petition, and though his tutor expresses his willingness to have the partition made. A family meeting’s approval or disapproval could not control the right of the other co-owners to demand the partition.</p> <p>3. Same — Jurisdiction.</p> <p>The party applying for the partition had the right to have the partition suit instituted in the division of the district court whose judge had appointed the tutor of the minor (and in which division of the court the succession of the minor’s mother had been opened), though the property sought to be partitioned was inherited by the minor from her grandmother by representation of her mother, and the succession of the grandmother had been opened in another division of the court. There were no ■creditors interested in the administration of the ^grandmother's succession, and her heirs had been recognized and placed in possession by the judge •of that division.</p> <p>4. Same — Sales Under Order of Court-Rights of Purchaser.</p> <p>It is only when there is a conflict of interests between a minor and members of a family meeting that the latter, under article 283, Rev. Civ. Code, are declared to be incompetent .as members of the meeting. In the case at bar, the interests of the members objected to as incompetent were the same as those of the minor. The tutor and the undertutor of the minor concurred in opinion with