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STOCKMEYER V. TOBIN, 139 U. S. 176 (1891)

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U.S. Supreme Court

Stockmeyer v. Tobin, 139 U.S. 176 (1891)

Stockmeyer v. Tobin

No. 143

Argued and submitted January 12, 1891

Decided March 2, 1891

139 U.S. 176

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

An averment in a bill, filed by the curator of an interdict in Louisiana to have a contract declared null and void, that at the time of making it the interdict was losing, and to a great extent had lost, his capacity to attend to business and to manage his affairs, and that his mind was seriously impaired so as to affect his understanding and judgment, and so continued until he was judicially interdicted, does not meet the requirements of the Civil Code of that state, and does not entitle the plaintiff to relief upon the ground that the interdict was then incapable in law of making a binding agreement.

In Louisiana, a judgment debtor can waive or renounce the right to have property, which is taken on execution to satisfy the judgment, appraised.





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