Stille v. Shull

Decided October 15, 1889

Supreme Court of Louisiana · decided 1889-10-15

Person, J. Allirregulavities and informalities of a probate sale are cured by the lapse of five years. Passiana vs. Towell, 21 Ann. 584; Woods vs. Lee, 21 Ann. 505; R. S. 3392, 2376; R. C. C. 3543. Irregularities and defects growing out of any judicial sale are as well cured by the lapse of live years as by -a judgment in a monition proceeding. R. S. 2376; Roberts vs. Zansler, 33 Ann. 205. . A judicial sale cannot be attacked in a collateral manner.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-15

How this case has been cited

Cited by 15 later decisions — most recently January 2008

1 federal appellate · 12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Application eor Rehearing.

¶2In the application for rehearing our attention is called to the diction in the opinion which sajrs: “ If there were any complaints they are cured by the prescription of five and ten years. Possession was not necessary, as contended by defendant, to support the plea.” As this was unnecessary to the determination of the issues presented in the case, and the decision stands without it, we have stricken it from the opinion.

¶3We have also corrected the misdescription of the land in the decree.

¶4Rehearing refused.