Succession of Gairnes

Citations

• 121 La. 223
• 46 So. 217
• 1908 La. LEXIS 661

Syllabus

<p>1. Executors and Administrators — Sale to Pat Debts — Illegality.</p> <p>A purchaser at a succession sale made to pay debts, which has not been advertised in the manner required by law, cannot be forced to accept a subsequent ratification thereof tendered by the heirs, who have never been put in possession. In such a case, the succession in the real vendor, and the unpaid creditors are parties in interest.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 22, Executors and Administrators, § 1543.]</p> <p>2. Same — Ratification by Heirs.</p> <p>It is well settled that, if the titles conveyed by a judicial sale be bad, the adjudicatee cannot be forced to accept a subsequent ratification by the heirs. Cavelier v. Germain, 6 La. 215; Mallard v. Dejan, 45 La. Ann. 1270, 14 South. 238; Succession of Yarutzky, 52 La. Ann 1919, 28 South. 328.</p> <p>(Syllabus by the Court.)</p>