Nassan v. Nassan

Citations

• 14 Teiss. 207
• 1917 La. App. LEXIS 28

Syllabus

<p>Syllabus.</p> <p>1. Where defendant claims that a copy served upon him is not a true copy of the original, he must produce the very copy served, and not some other copy, since the presumption is that the copy served was true and correct.</p> <p>2. Property sold to effect a partition, must be sold without limit; hence no prior appraisement thereof is necessary, as this would be a vain and useless formality.</p> <p>3. In a sale for partition, the presumption is that the Judge ordering the sale, had before him sufficient evidence that the property was not divisible in kind. .One who contends the contrary for the purpose of setting aside the sale, should make proof of his contention.</p> <p>4. Property held in indivisión by the co-heirs of a succession may be sold by the probate court of the place where the succession was opened, even though the property be situated in different parishes.</p> <p>5. Where property is sold in one parish (even though situated in another) it must be sold according to the method prescribed by law and custom for sales made in that parish.</p> <p>6. There is no law requiring that property sold in one parish shall be advertised in some other parish, even though situated in such other parish.</p>