Widow & Heirs of Willis v. Berry

Citations

• 104 La. 114

Syllabus

<p>Syllabus.</p> <p>1. Where an understanding exists that an administrator of a' Succession is, ■ in his individual capacity, to share in the profits of a purchase of property belonging to the Succession made by two other persons, who are co-owners with him in a judgment against the Succession, it is a sale in which the person who is administrator is interested, and void as being contrary to a prohibitory law.</p> <p>2. This is so even if afterwards the understanding that the administrator is to share in the profits be abandoned, and in point of fact he does not share in the same.</p> <p>On Reheajung.,</p> <p>The court, thinking it not possible to pronounce satisfactorily and definitely on the cause in the present state of the case and that in the interest ot justice, the case should be remanded, remands the case to the lower court in order that certain evidence be admitted. The evidence already admitted is to remain as now filed, other evidence is to be admitted, and judgment rendered.</p>