Childs v. Lockett

Citations

• 107 La. 270

Syllabus

<p>Syllabus.</p> <p>1. A party who has entered upon and is in undisturbed possession of land purchased by him occupies a different position from what he would If he had not yet tahen title or possession and was being proceeded against to compel him to do so.</p> <p>2. A purchaser of land who is in undisturbed possession thereof cannot enjoin executory proceedings issued to enforce payment of the purchase price, on the ground that he acquired no title to his purchase. He cannot hold the property and possession thereof under the title, and prevent the vendor from being paid through sale of the property.</p> <p>3. A probate sale expressly made upon the petition of tutrix acting as administratrix of a succession to pay the purchase price of property due in its entirety by the succession and secured by special mortgage and vendor’s privilege on the property, sold, conveys title to the purchaser, though the sale was not made upon the recommendation of a family meeting in behalf of the minor — heir of the deceased father. Property ordered to be sold for cash and advertised and sold for cash, is not less a cash sale because after the sale the purchaser, by reason of special facts, does not pay the cash.</p> <p>4. A probate sale of community property in the succession of a father to pay a community debt secured by special mortgage and vendor’s privilege upon It, conveys the property to the purchaser thereof free from mortgages standing upon it in the name of the deceased.</p> <p>5. Community creditors are to be paid by preference and priority out of the proceeds of the sale of community property, over the individual creditors of either of the spouses.</p> <p>6. The mortgage right of minors upon the property of their natural tutrix, upon community property, are not greater than the rights of the mother herself in that community, and that interest is limited to the residuum after payment of the community debts. (Heirs of Baillio vs. Poisset, S N. S. 336.)</p> <p>7. The minor h