Sicard v. Gumbel

Citations

• 112 La. 483
• 36 So. 502
• 1904 La. LEXIS 421

Syllabus

<p>HUSBAND AND WIFE — COMMUNITY PROPERTY— SALE TO PAY DEBTS — ESTOPPEL—JUDI-CIAL SALES — PRESCRIPTION.</p> <p>1. Where, after the death of the husband, community property is sold for taxes, and is reconveyed by the tax purchaser to the widow, by a deed which recites that it formerly belonged to her (not to her husband or to the community), no change is effected in the equitable title as between the widow and heirs of the husband, but the legal title vests in the widow; and where, upon her death, at the instance of a creditor (a third person without notice), the property is inventoried as belonging to her succession, and sold by order of court to pay her debts, the proceedings, order, and sale are not absolute nullities, and the adjudicatee (also a third person without notice) is not a purchaser in bad faith with respect to the equitable title of the heirs of the predeceased husband, and his title cannot be attacked in advance of a direct action to annul the proceedings and judgment under which the property was sold.</p> <p>2. Where, in such case, the creditor files a petition in which he specifies the property as belonging to the succession of the widow, announces his purpose to have it sold to pay her debts, causes the petition to be served upon the heirs, and cites them to make objection, if any they have, and, the heirs making no appearance, judgment is entered against them, they are es-topped to assert, after the lapse of years, as against a purchaser, who thereafter bought at a sale made by the administrator under order of court, that the property belonged in part to the succession of their father, though such estoppel does not apply to minors.</p> <p>3. Attacks upon public sales, for informalities connected with or growing out of the same, are barred by the prescription of five years.</p> <p>(Syllabus by the Court.)</p>