Levy v. Levy

Citations

• 107 La. 576

Syllabus

<p>Syllabus.</p> <p>On Motion tc Dismiss the Appeal.</p> <p>Appellee should be cited personally or at his domicile when he resides in the State. If, after diligent search, he cannot be found by the sheriff and if he has no domicile at which to make a domiciliary service, citation served on his (appellee’s) attorney will save the appeal from absolute dismissal Delay will be granted in order that a regular service of appeal may be made.</p> <p>The transcript having been filed in due time and all requirements having been complied with, except the service of citation of appeal, which was not made, because appellee could not be found, a citation of appeal may be served after twelve months have elapsed since the judgment of the lower court was rendered.</p> <p>Another citation of appeal ordered and time granted.</p> <p>On Secono Motion to Dismiss the Appeal.</p> <p>Grounds of the motion were set forth by the appellee and decided by the court >n denying the first motion. The same grounds cannot form the basis of a second motion to dismiss the appeal.</p> <p>On the Meeits.</p> <p>The nvner ratified by notarial act a tax sale of her property, as legal (owned by plaintiff under the tax deed).</p> <p>If there was an ulterior purpose, as alleged, in the ratification, not disclosed by the deed confirming the tax dee'd, and in reality the ratification made because it was expected that the property conveyed still remained, despite the tax sale, the property of the tax debtor, the purpose cannot be shown (over the purchaser’s objection) by oral testimony.</p> <p>The suit is, in its effects, inter partes. It is not a suit by forced heirs seeking their legitime, or by creditors to set aside a sale, but by the parties themselves who are personally bound, and also bound as heirs of the former owner of the property.</p> <p>On Rehearing.</p> <p>A tax sale made in 1890 in enforcement of State taxes of 1889 on property assessed in the name of the original owner who died in 1876. His succes