Sicard v. Schwab

Citations

• 112 La. 475
• 36 So. 500
• 1904 La. LEXIS 420

Syllabus

<p>SUCCESSION — JUDGMENT AGAINST HEIRS — PARTIES.</p> <p>1. A judgment rendered against all the heirs of a succession will bind them, although the administrator is not made a party. A valid plea of nonjoinder of parties will not be fatal to the judgment if not timely urged. Besides, if there was “irregularity” as to the sale of one-half of the property, it was cured by the prescription of five years.</p> <p>2. The remaining half was not owned (to the knowledge of the purchaser) by the succession for whose account it was sold.</p> <p>The nullity of the sale as to the last-mentioned half is absolute.</p> <p>The amount allowed for rents and revenues remains unchanged, and the amount allowed the defendant is not excessive.</p> <p>(Syllabus by the Court.)</p>