State ex rel. Bailey v. Canal Bank & Trust Co.

Citations

• 114 La. 853
• 38 So. 584
• 1905 La. LEXIS 554

Syllabus

<p>DESCENT AND DISTRIBUTION — PARTITION OE STOCK AND BONDS — TUTORS AD HOC —OATHS.</p> <p>Where, in a partition of stocks and bonds belonging to a succession, minor heirs are represented by tutors ad hoc duly appointed by the court, a defendant, urging the nullity of the proceedings on the ground that the tutors ad hoc were not duly sworn, carries the burden of proving the fact affirmatively. The mere absence of such oaths from the record is insufficient to prove that the tutors ad hoc were not duly sworn.</p> <p>(Syllabus by the Court.)</p>