Stockmeyer v. TobinAnnotate this Case
139 U.S. 176 (1891)
U.S. Supreme Court
Stockmeyer v. Tobin, 139 U.S. 176 (1891)
Stockmeyer v. Tobin
Argued and submitted January 12, 1891
Decided March 2, 1891
139 U.S. 176
APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF LOUISIANA
An averment in a bill, filed by the curator of an interdict in Louisiana to have a contract declared null and void, that at the time of making it the interdict was losing, and to a great extent had lost, his capacity to attend to business and to manage his affairs, and that his mind was seriously impaired so as to affect his understanding and judgment, and so continued until he was judicially interdicted, does not meet the requirements of the Civil Code of that state, and does not entitle the plaintiff to relief upon the ground that the interdict was then incapable in law of making a binding agreement.
In Louisiana, a judgment debtor can waive or renounce the right to have property, which is taken on execution to satisfy the judgment, appraised.
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