Sallier v. Rosteet

Citations

• 108 La. 378

Syllabus

<p>Syllabus.</p> <p>1. Parties who own property in common with an insane person have the absolute right to put an end to the indivisión. They can sue to have the co-owner interdicted and a curator appointed. If, subsequently, the curator refuses to qualify they have the right to provoke the appointment of a “special” curator or curator ad hoc to represent the interdict. The ruled governing in matter of an interdict’s interests are very similar to those governing in matter of minor's interest. As with the latter, the former may be represented by a “special curator” or curator ad 7ioc. The difference between the two is not sufficient to afford ground to set aside proceedings in partition, five years after their date.</p> <p>2. While successions should be regularly administered and the forms of law observed in making partitions of immovable property, a judgment will not be rendered to reopen a succession, it being evident that nothing can be accomplished by such a judgment.</p> <p>3. After ten years the transfer by heirs of a succession to the usufructuary of property will not be disturbed.</p> <p>3. Persons, not heirs, who may owe to a succession may be held bound by an heir who claims a sum due because of certain acts by the one from whom they inherit. They may be proceeded against by the complaining heir without making all the heirs parties to the suit, and without, to that end. reopening the succession.</p> <p>5. A family meeting may recommend that specially designated property held in indivisión with owners who are not heirs be partitioned and if the order be complied with; more than five years after, the irregularities of form will be cured.</p> <p>6. Years after property of the succession has, without objection, passed into the hands of third persons, an heir who has complete remedy, will not be heard to champion the rights of his co-heirs in order to reinstate the property of the succession as a whole and to have another administration of the property.</p> <p>7