Landry v. Laplos

Citations

• 113 La. 697
• 37 So. 606
• 1904 La. LEXIS 695

Syllabus

<p>PETITORY ACTION — EVIDENCE—JUDICIAL SALE— PRESCRIPTION — ADMINISTRATOR’S SALE.</p> <p>1. In a petitory action, where the plaintiffs claim title as heirs of their father, and the defendant^ claims title by virtue of an adjudication alleged to have been made to his vendor at a judicial sale made for the purpose of settling the succession of the father of plaintiffs, parol evidence is admissible on the question of whether or not such an adjudication was made.</p> <p>2. The informality resulting from the succession sale having been made at a place not authorized by law is cured by the prescription of three years.</p> <p>3. An administrator cannot delegate to another his authority to make a sale of the property of the succession under his charge, but he does not do so when he gets another person to act for him in his presence and under his eye.</p> <p>(Syllabus by the Court.)</p>