Succession of Sallier

Citations

• 115 La. 98
• 38 So. 929
• 1905 La. LEXIS 625

Syllabus

<p>SUCCESSIONS — PARTITION — SALE — ANNULMENT — DEFECTS — RATIFICATION —EVIDENCE.</p> <p>1. The instrument of writing sous seing prive was not admissible without evidence aliunde of its genuineness.</p> <p>2. After the document had been admitted, testimony was admitted which had the effect of proving up its genuineness and the verity of its text.</p> <p>3. Without an offer to return the price, plaintiffs are without right to have transfer annulled.</p> <p>4. A sale of property in which minors are interested may be made to effect a partition.</p> <p>5. If errors of form are committed, minors may ratify them after majority. Prescription also may cure the defect.</p> <p>6. If property be omitted of insignificant value, it may give rise to the necessity of making a supplementary partition without the necessity arising of repartitioning all the property previously divided.</p> <p>7. The rights of parties reserved to recover property not covered by the proceedings heretofore had.</p> <p>(Syllabus by the Court.)</p>