Lucius Quintus Cincinnatus Lamar

“ The first is that the proceeding is void because the appointment of an administrator was made before the inventory of the estate was ordered, contrary to article 1190 of the Louisiana Code, which permits such appointment to be made only after an inventory is ordered. The answer to this is that the court directed an inventory and appointed an administrator in the same order, and that on the next day the inventory was filed, upon which the court based its order, directing the sale to be made. ”

“ If a succession is so small or is so much in debt that no one will accept the curatorship of it, the judge of the place where the succession is opened, after having ordered an inventory of the effects composing it, shall appoint the district attorney of the district, or the district attorney pro tempore of the parish, curator of said succession, who shall cause the effects to be sold, and the proceeds to be applied to the payment of its debts ”

“ Nor do they mention any fact connected with such alleged agreement which n a ny way affected the judicial proceedings that were taken in this administration, or tended to influence the sale thereunder. But, waiving everything as to the sufficiency of the allegations of fraud, the question arises, do they furnish any grounds for the annulment by a court of equity of the probate proceedings under consideration, for the purpose of charging the defendant as a trustee for the benefit of complainants? ”

“ By several mesne conveyances the land passed to one Charles Saul, who gave to the defendant a power of attorney to convey the lands, which was recorded June 9, 1883. The whereabouts of all the grantees in those conveyances are unknown to complainants, but are believed to be not within the jurisdiction of the court. ”

“ The prayer of the bill was that complainants might be adjudged and decreed to be the true legal representatives of said Robert M. Simmons; that the aforesaid proceedings in the parish court in relation to the sale of the land claim might be adjudged null and void; ahat an account might be taken, by and under the direction and decree of the court, of the timber and other products removed from the land by the defendant, or with his permission or authority, and of the value of the timber and prodects and land lost by reason of the same having been sold and conveyed for taxes ”

“ They all maintain * * * that a judgment, decree, sentence, or order passed by a competent jurisdiction, which creates or changes a title or any interest in an estate, is not only final as to the parties themselves and all claiming under them, but furnishes conclusive evidence to all mankind that the right or interest belongs to the party to whom the court adjudged it.' In Valderes v. ”

“ That the register of the proper land-office, upon the location of such certificate, shall issue to the person entitled thereto a certificate of entry, upon which, if it shall appear to the satisfaction of the commissioner of the general land-office that such certificate has been fairly obtained, according to the true intent and meaning of this act, a patent shall issue as in other cases.' No limit of time was fixed for the presentation of claims under that act for certificates of location therein provided for. ”