Tobin v. United States Safe Deposit & Savings Bank

Citations

• 115 La. 366
• 39 So. 33
• 1905 La. LEXIS 665

Syllabus

<p>1. Married Women — Capacity to Sue — Partition.</p> <p>A married woman, though a minor, can, when aided and assisted by her husband, sue for the partition of property in which she is interested, without being authorized so to do by the judge, on the advice of a family meeting.</p> <p>2. Partition — Family Meeting.</p> <p>The authority of the judge, under article 1341 of the Civil Code, to convoke a family meeting to fix the terms of credit and security on which the interest or minors (defendants in a particular suit) in property partitioned is to be sold, is not conditioned upon such convocation having been made at the special instance and request of the tutors and curators of-those minors. The court may order it ex officio.</p> <p>3. Same — Pasties—Presumption oe Death.</p> <p>The fact that a presumptive heir of the parties, whose successions were being partitioned, was not made a party defendant in the partition proceedings, will not necessarily render them and a sale made thereunder null. There was reason to believe that he was dead at the opening of the successions. Absence alone may not raise the presumption of death, but absence in combination with surrounding circumstances may create and justify such a presumption; the law being satisfied in such cases with less than certainty. The decision in Martinez v. Wall, 31 South. 1023, 107 La. 787, is reaffirmed.</p> <p>On Application for Rehearing.</p> <p>4. Partition — Sale—Interest on Price.</p> <p>Property was adjudicated to the defendant. A petition was filed to compel defendant to accept title.</p> <p>It promised to pay the price, and was in default for nonpayment of the price due and exigible from the date of the judgment in the district court, and therefore owes interest from that date, and not prior to said date.</p> <p>(Syllabus by the Court.)</p>