Gaines v. De La Croix

Citations

• 73 U.S. 719
• 18 L. Ed. 965
• 6 Wall. 719
• 1867 U.S. LEXIS 1016

Syllabus

<p>1. As the law stood in Louisiana, in October, 1813, testamentary executors could only sell at public auction after due advertisement of the property; and the purchaser at a forced sale did not acquire a good title, unless the formalities prescribed by law for the alienation of property were observed.</p> <p>2. A purchaser of property from an executor of a will of one date, who has at the time strong reasons to believe, and had recently declared solemnly that he did believe that a later will with different executors and different dispositions of property had been made, is not protected from liability to the parties interested under siich later will, if established and received to probate, by the fact that the executor of the first will made the sale under order of court having jurisdiction of such things. lie purchases at the risk of the later will’s being found, or proved and established.</p> <p>3. If the later will is found, it relates back as against such a purchaser, and affects him with notice of its existence and contents as of the time when he purchased.</p> <p>4. Facts stated which affect such a purchaser with notice.</p>