Chevalley v. Pettit

Citations

• 115 La. 408
• 39 So. 113
• 1905 La. LEXIS 671

Syllabus

<p>1.Estoppel by Warranty — After-Acquired Title.</p> <p>Where all the parties to an act of partition, but one, have estopped themselves from contesting the legality and regularity of the proceedings, and warranted the title of the purchaser, and the one not so estopped dies, leaving as his heirs, through representation, the parties so already estopped, the latter cannot, through such acquisition of an additional interest in the property, attack the title of the purchaser or the regularity of the proceedings. The maxim, “quern de evictione tenet actio, eundem agentem repellit exceptio,” bars the attack. Beneficiary heirs, no less than heirs pure and simple, are bound by the estoppel warranty of those through whom they inherit.</p> <p>On Rehearing.</p> <p>2. Partition Sale — Purchase — Enforcement.</p> <p>This is a suit asking for a decree ordering defendant to comply specifically with the terms and conditions of a contract of sale into which he had entered. Under the facts of the special case, judgment is rendered in favor of the plaintiff.</p> <p>3. Tutrix ad Hoc — Appointment of Mother.</p> <p>Where the father of minor children has died, there is no legal objection on account of her sex to the appointment by the court of the mother as the tutrix ad hoc of some of the minors, defendants in a partition proceeding.</p> <p>(Syllabus by the Court.)</p>