Parker v. Nash

Decided July 1, 1880

Supreme Court of Louisiana · decided 1880-07-01

Saucier, J, Nash, as auctioneer, sold certain succession property for nine hundred dollars. Lara, the purchaser, paid him, but did not remove the property. For some unexplained cause the property was again sold, as the property of the succession by the sheriff, and was purchased by another person who paid the price, and it was received by the executor and distributed in his final account.

Decided 1880-07-01

Spencer, J.

¶1A man cannot blow hot and cold in this fashion. The money in Nash’s hands does not belong to him. It is either the property of Lara or of the succession. Our predecessors held that Nash was not obliged to account to Lara. Nash, as the mandatory of the succession, sold the property and received the proceeds. He is bound to restore them to his principal. Rev. Civ. Code, Art. 3005. It is none of his business if the succession wrongfully resold the property. That is a matter to be settled between the succession and the party aggrieved.

¶2Judgment affirmed.