Messick v. Mayer

Citations

• 52 La. Ann. 1161

Syllabus

<p>Syllabus.</p> <p>Conceding the error alleged to exist in the tax deed of the deceased, same must enure to the benefit of all the transferrees of the property of the deceased— the defendant, Mayer, claiming by purchase at succession sale and the plaintiffs claiming under the law. Inasmuch as the error made was in the description in the tax deed to the deceased and only discovered and established In the present proceeding, the proper conclusion is that the effect of the succession sale was to transfer to the purchaser the entire,lands which stood in the title of the deceased. That instead of the deficit remaining in the succession, it was conveyed by the sale — the prooes verbal of which employed the same description which was contained in the tax deed, and in all subsequent proceedings leading up to the succession sale.</p> <p>It is a recognized doctrine of this court that the husband and partner in community having died, leaving a widow and heir surviving him, and some debts unpaid, the entire community assets are liable for the'payment thereof, and can be sold in his succession for the satisfaction thereof without regard to the residuary rights and interest of either widow or heirs; and in such an event, the entire property of the community passes under administration, and becomes liable for sale under order of court to pay debts; and the purchaser at public sale thus ordered and made, is protected by the decree of the court ordering the sale, and need not look beyond it.</p> <p>On Rehearing.</p> <p>1. A purchaser at succession sale cannot acquire' any greater interest in lands belonging to the dead man and his widow in community than that offered and sold.</p> <p>2. What was not advertised, offered and sold remained in the succession, the widow in community and the legal heir.</p> <p>3. Under the circumstances as here disclosed the widow in community and the-heir of age have the legal capacity to institute this petitory action and stand in judgment therein.</p>