Gates v. Bank of Patterson

Citations

• 116 La. 539
• 40 So. 891
• 1906 La. LEXIS 532

Syllabus

<p>1. Infants—Tutor Ad Hoc—Appointment.</p> <p>Where it is represented to a district judge that executory proceedings have been taken out against minors’ property, and they are being carried on contradictorily with their mother as tutrix when she has not qualified as such, and that the undertutor has not qualified to protect their interests, and that the proceedings are being carried on by collusion between the seizing creditor and the mother, which, if not stayed, would result in injury to the minors, the judge is authorized to appoint a tutor ad hoc to investigate matters, and authorized to take legal steps in the interest of the minors.</p> <p>2. Same—Protecting Minors’ Interests.</p> <p>District judges are vested with great discretion in the matter of taking steps to protect the interest of minors, when they are threatened with loss and have no legally qualified representative to guard their rights.</p> <p>3. Same — Proceedings Against Minors — Stay.</p> <p>Where executory proceedings have in fact issued against minors’ property, which are being conducted contradictorily with their mother as their duly qualified tutrix when she has not qualified as such, which proceedings hav'e not been consummated and no rights of third persons have as yet become involved, and which proceedings, if consummated, might result in injury to the minors, the district judge is authorized to set aside the proceedings after the point where a duly qualified representative of the minors became necessary to give the proceedings validity against the minors, and stayed until a legal representative has been qualified to represent them and been duly made a party.</p> <p>(Syllabus by the Court.!</p>