David Davis

“ It may be the effect of a sale under these circumstances would be to confer a good title, if the purchaser bought in good faith; but De la Croix got the property in bad faith, and the vice of his title cannot be cured even if the sale were in all respects regular; nor can the plea of prescription help it. These sales were made shortly after the death of Clark, when everything connected with his last will will was fresh in De la Croix's mind; and he knew the will, under the probate of which he was buying, was not the true will of Daniel Clark. ”

“ That the executors of the last will of Daniel Clark and the guardian of his child did not discharge their duties under the will, and had no realizing sense of their nature and extent, cannot be doubted. Whether the failure to act proceeded from indifference, weakness, or something more censurable, we have no means of determining. ”

“ The examination of these points, in connection with the decision in the New Orleans case, will dispose of this case.
The last sale conveyed no title, because it was a private one, and was forbidden by the law. Executors could only sell at public auction after due advertisement of the property, and the purchaser at a forced sale did not acquire a good title, unless the formalities prescribed by law for the alienation of property were observed. ”