MacRae v. Smith

Citations

• 112 La. 715
• 36 So. 659
• 1904 La. LEXIS 453

Syllabus

<p>GUARDIANS — AUTHORITY TO SUB — FAMILY MEETING — PARTITION—SALE—RATIFICATION.</p> <p>1. This is an action by plaintiff to compel the defendants to accept the title tendered.</p> <p>2. The property could not be divided in kind, and in consequence a partition by licitation was ordered at the instance of a foreign guardian.</p> <p>3. No family meeting was held to authorize the guardian to sue for a partition. A.family meeting was held, the guardian failed to ask for needful authorization to bring suit, and it (the family meeting) passed on other questions relating to the minor’s interest in the partition.</p> <p>It (the failure to obtain power authorizing the suit) has the appearance of an oversight.</p> <p>The property was sold on the terms and conditions recommended by this family meeting.</p> <p>4. Under article 178S, Civ. Code, whatever irregularity there may be can be cured, and the sale ratified, by calling a family meeting to ratify and validate the sale, if such ratification and validation be necessary.</p> <p>5. The interest of a minor being involved, the adjudicatee of the property has the right to require that every and each formality be complied with or completely ratified.</p> <p>(Syllabus by the Court.)</p>