Chaffe v. Minden Lumber Co.

Citations

• 118 La. 753
• 43 So. 397
• 1907 La. LEXIS 803

Syllabus

<p>1. Partition — Sale — Conveyance to Purchaser — Construction — Property Conveyed.</p> <p>Where, from all the circumstances of the case, it is evident that the intention was to sell the entire real estate of the succession, the whole will be held to have been conves'ed, although the sheriff, in describing the land according to the maps of the government surveys, has omitted a part.</p> <p>2. Same.</p> <p>More especially will this be held where the proces verbal of the sale shows that the whole was sold. It is the adjudication, and not the sheriff’s deed, that conveys the ownership.</p> <p>3. Vendor and Purchaser — Bona Fide Purchasers.</p> <p>The fraud by which an administrator buys through a person interposed the property of the succession under his administration cannot affect a third person, who without notice of such fraud buys the property in good faith from such interposed person or his vendee; and this, even though the vendee be the administrator himself.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 48, Vendor and Purchaser, §§ 583-600.]</p> <p>(Syllabus by the Court.)</p>