Woolverton v. Stevenson

Citations

• 52 La. Ann. 1147

Syllabus

<p>Syllabus.</p> <p>1. The curator ad hoc appointed to represent an absentee in a partition proceeding, is not required to take an oath. (Thayer vs. Tudor, 2nd Annual, 1010; Killealea vs. Barret, 37th Annual, 868; Hansell vs. Hansell, 44th Ann., 549.) ,</p> <p>2. Where property has been sold to effect a partition by licitation and gone into, the hands of third parties, the partition will not be rescinded by reason of the discovery made, since the same, of the omission froih the partition of property of Insignificant value.</p> <p>3. Where property owned in indivisión by a mother and son is conveyed by them to a creditor of the mother, in consideration of the extinguishment of the mother’s note, the act does not evidence a donation to the mother by the son, of his interest in the property conveyed; if there was a donation it was of the son’s portion of the price, to the mother.</p> <p>To warrant the refusal by adjudieatees at a judicial sale to take title they must show, not a remote and possible, but a substantial and threatening danger The fact that one of the former links of title was a donation, presents’no such danger, when it is not shown that the donor was at the time a married man, nor that he has since married and had children.</p>