Gary v. Landry

Citations

• 122 La. 29
• 47 So. 124
• 1908 La. LEXIS 402

Syllabus

<p>1. Tutorship and Minors — Fraud—Estop-pel .</p> <p>One of the plaintiffs connived with the purchaser of the property to the end of serving his own interest to the detriment of his children, who joined him in this suit.</p> <p>He (this plaintiff) was the owner of one half of the property; his children were the owners of the other half.</p> <p>2. Prescription — Hostile Character — Good Faith.</p> <p>Because of his agreement and improper and illegal acts he cannot be heard to claim and recover the half of the property.. With his consent and in accordance with his combination, it has been transferred, and as to the half he is not in a position to ask to be reinstated as owner.</p> <p>3. Same.</p> <p>It is different as to the children and heirs. They were minors; the property in so far as they were concerned should have been disposed of in accordance with the terms of the law. It was not so disposed of. '</p> <p>4. Sale by Tutor.</p> <p>The price was not paid. There was only a pretense of payment.</p> <p>5. Same.</p> <p>He knew as to one-half he was buying the interest of minors. He knew that the promissory note he returned in asserted payment of the price was not due by the community; that it was due by the husband personally, and that in consequence there was no price.</p> <p>6. Same.</p> <p>The legal representative of minors is not free to dispose of the interest of minors as if his own. -To the extent that he thereby disposes of his own he is bound; to the extent that he attempted to dispose of the interest of the .minors, the minors are not bound, and the property reverts to them. The half of the property</p> <p>is subject to any indebtedness of the minors, if there are any debts.</p> <p>The other half is in the same category.</p> <p>If the defendant as purchaser has any rights, such as claimed in reconvention, they are reserved.</p> <p>Provosty, J., dissenting in part.</p> <p>(Syllabus by the Court.)</p>