Wood v. Frickie

Citations

• 120 La. 180
• 45 So. 96
• 1907 La. LEXIS 629

Syllabus

<p>1. Evidence — Presumptions—Regularity of Official Action.</p> <p>■ Where a tutrix’s sale of minor’s property is sought to be set aside on the ground that the bond of the tutrix was never recorded, and, owing to the destruction of the courthouse and its records by fire, it is not possible to know whether the bond was or not recorded, the presumption of regularity attaching to official proceedings will supply the missing record. Especially will this presumption be strong after 25 years of quiet possession under the sale.</p> <p>[Ed. Note.' — For cases in point, see Oent. Dig. vol. 20, Evidence, § 105.]</p> <p>2. Minor and Tutorship — Act of Sale — Recitals.</p> <p>Where an act of sale of minor’s property, passed before the clerk and ex officio custodian of the records of the court, recites that the sale is made in pursuance of the recommendations of a family meeting held before the clerk himself and duly homologated by a judgment of which a copy is annexed to the act, these recitals will be taken for true, where no evidence is adduced to the contrary, and the records have been lost.</p> <p>(Syllabus by the Court.)</p>