Richard v. DeuelRichard v. Deuel
This аction is brought upon a note for f 551 66§, given by the defendants in payment for certain lots of ground in the town of Opelousas, purchased from the estate oí David Acki-son, junior, deceased, of which the plaintiff is аdministrator. The defence set up is, that the property for which this, and two other notes, were given, belonged, in whole or in part, to the minor children and heirs of the late David Ackison, junior, and was sold for a less price than the appraisement, whereby the defendants acquired no good or valid title. They further sаy, that a judgment was rendered against them on the first of these notes, in which it is erroneously stated that they cоnsented to said judgment; that if they ever gave any such consent, it was given in error, both of fact and of law, as it was but a short time since that they became aware of the fact, that the appraisement оf the property was for a higher sum than the price of
The record shows, that the property was apprаised at $ 1,800, and was adjudicated for $1,655; that the deceased left a widow and minor children, to whom the priсe of the property, or whatever may remain after the payment of the debts of the estatе, will go; and that the estate, which was first administered upon by Hilaire Desessarts, is now under the administration of the plaintiff. The record does not show what are the debts of the succession.
The question which this case presents is, whether the provisions of the Civil Code, in relation to the sale of property belonging exсlusively to minors, apply to, and must govern sales-made by administrators of estates, whether solvent or insolvent. Article 337, which provides that the minor’s property cannot, be sold for less than the amount of its appraised value mentioned in the inventory, provides, at the same time, that if there be no offer to that amount, it shall be again offered for sale at public auction, until the price of its appraisement may be obtained, reserving to the judge, with the advice of the family meeting, the power of extending the terms of credit granted, and of giving such other facilities as may procure a prompt and advantagеous sale of the property, and of ordering other-appraisements in case he shall be satisfied that the sale cannot be effected at the rate of the appraisement already made. No-sale of a minor’s property can take place, unless, on the representаtion of the tutor, a family meeting decides that it is absolutely necessary, or highly advantageous to him. Arts. 334,. and 335. All these provisions which are to be found in the chapter of the Code treating of the administration of the tutor, would seem to relate to the separate and exclusive property of' minors, in which no persons but themselves have an interest; but when an estate, in which they may be interested, is administered upon, fоr the purpose of being liquidated, and the balance-paid over to them as beneficiary heirs, thе property sold, can.
Judgment affirmed.