Colomb v. Jones

Citations

• 8 La. Ann. 442

Syllabus

<p>F., the tutor of a minor, purchased, at a judicial sale, a slave belonging to the minor, and the widow in community. The widow approved of the purchase. Afterwards F. was remoyed from the tutorship, his account homologated—and R., being appointed in his stead, was authorized by the Court to receive the price of the sale. Held:—-This judgment was, by implication, a judicial approval of the sale, and the Probate Court was competent to sanction it. It may well have been considered by the Probate Judge advantageous for the minors that their new tutor should take the value of the slave in money, rather than bring a suit against F. to rescind the sale.</p> <p>It seems, from the phraseology of Article 2139 of the Civil Code, that a minor injure ! by a violation of its provisions, or his tutor under judicial sanction, may waive the penalty which it establishes, and claim indemnity for the loss.</p>