Lyles v. Knoll

Citations

• 112 La. 169
• 36 So. 311
• 1904 La. LEXIS 375

Syllabus

<p>DESCENT AND DISTRIBUTION — SAXE OE INTEREST-RIGHTS OE HEIRS — RESCISSION.</p> <p>1. Heirs who seek to recover back their right as heirs sold by them at private sale, because of asserted irregularity in the sale, should not seek to avoid the sale and sue without reference to the sale, nor should they seek to profit by the irregularity by withholding the price.</p> <p>Although it has been decided that the price may be held compensated by the fruits, it has never been decided in an action of asserted nullity of judicial proceedings that those who owned the right disposed of by them can have their own sale set aside without offering to return the amount they received.</p> <p>2. If the heirs were in error about the insolvency of the succession, and sold the right in error, there should be an action brought averring error or fraud, if there was either.</p> <p>3. The succession owed debts. In order to settle them, it was deemed proper by the purchaser from the heirs to sell the property at private sale.'</p> <p>(Syllabus by the Court.)</p>