Davis v. Gaines
104 U.S. 386 (1881)

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U.S. Supreme Court

Davis v. Gaines, 104 U.S. 386 (1881)

Davis v. Gaines

104 U.S. 386

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF LOUISIANA

Syllabus

1. According to the law of Louisiana in force in 1813, if the heirs, whether forced or voluntary, of a testator were absent from the state, the probate court had jurisdiction to order a sale of his property.

2. The will having been duly proved, the proper probate court, upon the petition of the executor, made an order pursuant to which the immovables of the deceased were, according to law, sold and conveyed to a purchaser in good faith for a valuable consideration. Held that his title is not affected by the subsequent discovery and probate of a later will appointing another person executor, and making a different disposition of them.

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