Touchy v. Gulf Land Co.

Citations

• 120 La. 545
• 45 So. 434
• 1908 La. LEXIS 537

Syllabus

<p>1.Minoe and Tutokship — Peivate Sale op Minob’s Realty.</p> <p>A private sale by the tutor of the minor’s real estate for the purpose of paying debts is an absolute nullity, and a ratification thereof by the minor, after emancipation, must be clearly shown by the evidence.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 25, Guardian and Ward, §§ 174, 175, 3G6.J</p> <p>2. Same — Ratification — Knowledge op Facts.</p> <p>The approval by the emancipated minor of the tutor’s final account in which the proceeds of such a sale appears as a debit will not suffice to constitute ratification or estoppel, where the evidence shows that the minor at the time was ignorant of the fact that the property had been sold at private sale.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 25, Guardian and Ward, § 382.]</p> <p>3. Same — Accounting poe Peoceeds.</p> <p>Though such a sale be void, the minor is bound to account to the purchaser for the proceeds used in the payment of debts for which the estate was liable, but the minor is not bound to tender such proceeds as a condition precedent to suit to recover the property.</p> <p>(Syllabus by the Court.)</p>