430 So. 2d 269 - Tuttle v. Tuttle’s Empirical Analysis
1983
Citation profile
7 state decisions
Relationships
Relies on Allen v. Commercial National Bank in Shreveport · Presto Mfg. Co. v. Tucker · Wetherbee v. Lodwick Lumber Co. · 406 So. 2d 205 - Tri-State Concrete Co., Inc. v. Stephens · Bayhi v. Bayhi
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The only remedy remaining to the Tuttles, then, was to have the judicial sale itself annulled, for failure to comply with the formalities required by law. They sought to do so through their allegations of lesion and of failure to reach the minimum bid required by C.C.P. art. 2331. "As stated above, however, C.C.P. art. 2331 applies only to sales under executory process [meaning under execution of judgment.] It is well-settled that in partition sales the validity of the adjudication (that is, the sale) does not depend upon a proportion to the appraisement. The property can be legally adjudicated regardless of the value placed on it, even when minors are co-owners. [Citations omitted.] The law requires only that the property be sold to the last and highest bidder. LSA-C.C. arts. 2601, 2607; LSA-R.S. 5:17. The judge who orders the judicial sale may place conditions on that sale (such as a minimum bid price), but it is not mandatory he do so. Had the Tuttles desired the judge to place a minimum price on the sale offering, they should have requested it by motion for new trial or by suspensive appeal of the judgment ordering the public sale. "Further, it is clear the sale cannot be attacked on the basis of lesion. LSA-C.C. arts. 1869 and 2594 expressly state that lesion and lesion beyond moiety are not applicable to judicial sales." 430 So.2d 269 at 273 .”
1 later decision quote this exact passagee.g. Tuttle v. Tuttle“The only remedy remaining to the Tuttles, then, was to have the judicial sale itself annulled, for failure to comply with the formalities required by law. They sought to do so through their allegations of lesion and of failure to reach the minimum bid required by C.C.P. art. 2331.”
1 later decision quote this exact passagee.g. Tuttle v. Tuttle
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.