Gallagher v. Lurges

Citations

• 116 La. 755
• 41 So. 60
• 1906 La. LEXIS 570

Syllabus

<p>1. Insane Persons—Property oe Interdict-Private Sale.</p> <p>It is only in case where the purpose is to effect a partition by the sale of the whole property that the interest of. an interdict can be alienated at private sale, otherwise such interest must be sold at public auction.</p> <p>[Ed. Note.—For cases in point, see vol. 27, Cent. Dig. Insane Persons, §§ 111, 118.]</p> <p>2. Same—Validity.</p> <p>A proceeding which has for its purpose only the private sale, to one of the plaintiffs, of the interest of an interdict in the property held in common is unauthorized and illegal, and is ineffectual to devest the title of the interdict, though there be included in such proceeding a family meeting recommending such sale and a judgment homologating the same; and. a party agreeing to purchase the property from such plaintiff (subject to examination of title)' is not bound to comply with his agreement.</p> <p>(Syllabus by the Court.)</p>