Luria v. Cote Blanche Co.

Citations

• 114 La. 385
• 38 So. 279
• 1905 La. LEXIS 472

Syllabus

<p>COMMUNITY — DEATH OE WIFE — DISSOLUTION-INSOLVENCY — FORECLOSURE — CONSENT DECREE — SALE — TITLE ACQUIRED — RIGHTS OF HEIRS OF WIFE.</p> <p>1. It is the settled jurisprudence of this state that, on the dissolution of the community by the death of the wife, its creditors may proceed directly against the community property in the possession of the husband, contradictorily with him alone.</p> <p>2. Where the community is insolvent, neither the wife nor her heirs have any valuable interest therein; and the latter cannot complain that they were not made parties to a decree of foreclosure in a federal court, ordering the sale of a certain plantation to pay the purchase price due by the community.</p> <p>3. Such decree, when rendered on bill and answer admitting the facts alleged, which were true, as shown by the authentic act of sale and mortgage, was not void as a consent decree.</p> <p>4. Where, pursuant to the decree of the court, the plantation was seized, appraised, advertised, offered, and adjudicated as a whole, the purchaser acquired the property in its entirety, and his title was not affected by the recital in the deed that the marshal sold, etc., “all the rights, titles, interests, and claim” of defendant.</p> <p>5. “He who seeks equity must do equity,” and, where community property has been sold at a judicial sale to pay the purchase price, the heirs of the wife should not be permitted to recover without first offering to make restitution to the purchaser or his assigns. Such a sale cannot be ignored as nonexistent.</p> <p>(Syllabus by the Court.)</p>