Stockmeyer v. Tobin

Citations

• 139 U.S. 176
• 11 S. Ct. 504
• 35 L. Ed. 123
• 1891 U.S. LEXIS 2371

Syllabus

<p>An averment in a bill, filed by the curator of an interdict in Louisiana to have a contract declared null and void, that at the time of making it the-interdict was losing, and to a great extent had lost, his capacity to attend to business and to manage his affairs, and that his mind was seriously impaired so as to affect his understanding and judgment, and so continued until he was judicially interdicted, does not meet the requirements of the Civil Code of that State, and does not entitle the plaintiff to relief upon the ground that the interdict was then incapable in law of making a binding agreement.</p> <p>In Louisiana a judgment debtor can waive or renounce the right to have-property, which is taken on execution to satisfy the judgment, appraised.</p> <p>The right of appraisement of property taken on execution is given in Louisiana to the owner, and, if waived-by him, his creditors cannot complain, unless the waiver was made fraudulently and to defeat their debts.</p> <p>When a mortgage in Louisiana stipulates for a sale, on forfeiture, without appraisement, and the petition for executory process prays for such a sale, and the order is “ let executory process issue herein as prayed for and according to law,” it imports a sale without appraisement.</p> <p>When a plantation in Louisiana and its fixtures are to be sold under a mortgage, the sale must be made at the seat of justice, unless the debtor, within the time after the seizure prescribed by law, requires it to be made on the plantation.</p> <p>In Louisiana, when a plantation and the personal property upon it are mortgaged together by one mortgage, they may be sold together as an entirety.</p> <p>In Louisiana mere informalities or irregularities in a judicial sale do not constitute a sufficient ground for setting it aside.</p>