Right of Parent to Appoint Tutor When Other Parent Insane. 4686. [Act 61, 1892, p. 82.] If one of two parents be an interdict or notoriously insane, the other parent shall have the right of appointing a tutor to his or her minor children as is now provided by law in case of the father or mother dying last; provided, that if the interdicted or notoriously insane parent be restored to reason the tutorship by will herein permitted shall be vacated.

Woman May be Appointed Tutrix When.

4687. [Sec. 1. Act 45, 1894, p. 50.] In all cases where minor children are left without father or mother and unprovided with a tutor, and where there is no male relation entitled to or who will accept the tutorship of said minors on complying with existing laws, it shall be lawful for the court having jurisdiction of the succession of the last deceased parent of the minors to appoint to the tutorship of said minors, upon the advice of a family meeting, any female person, over twenty-one years of age, who is related to said children within the fourth degree, as now fixed by the Civil Code of this State, the same as in all other cases providing for the appointment of tutors; provided the father or mother of said minors dying last shall have left a will, entrusting his or her minor children to the care and keeping of said female relation, or directing that they be raised by her.

Husband of Such Tutrix Bound in Solido.

4688. [Sec. 2.] In all cases where said female relation shall be a married woman her husband shall be bound in solido with her for all acts of tutorship committed or omitted by her and for which she is or may be legally responsible.

MONITION.

In What Cases Granted.

4689. [R. S. 2370.] The purchasers of property at sheriffs' sales, those made by authority of the court, those made by the syndics of insolvent estates, and finally those of any description which are made by the authority of justice, and all subsequent purchases by a regular chain of title, may protect themselves from eviction of the property so purchased, or from any

responsibility as possessors of the same, by pursuing the rules hereinafter prescribed.

Beale vs. Walden, 11 R. 67.

Radical defect in tax-title not curable by monition, Fix vs. Sucn. Dierker, 30 A. 175; Ordeman vs. Barrow, 10 A. 193; Oil Works Praying Monition, 34 A. 255.

This law relates only to informalities in decrees ordering, or proceedings connected with, judicial sales, Johnson vs. Hamilton, 2 A. 206; Bank vs. Walden, 1 A. 46; Pannell vs. Overton, 12 La. 555.

How Advertised.

4690. [R. S. 2371.] It shall be the duty of the purchasers, if the purchase has been made within the limits of the city and parish of Orleans, to publish three times, or if the sale has been made out of the limits of the parish and city aforesaid, to publish the same for the space of time and in the manner required for advertising judicial proceedings, a monition calling on all persons who can set up any right to the property. in consequence of informality in the order, decree or judgment of the court, under which the sale was made, or any irregularity or illegality in the appraisement or advertisement, in time and manner of sale, or for any other defect whatsoever, to show cause within thirty days from the day the monition is first inserted in the public papers, why the sale so made should not be confirmed and homologated. Opponent need not have made antecedent tender, In re Fazende, 35 A.

1145.

A third person, who opposes a monition, must show injury by sale, as well as interest in result of suit, Gilmer's Monition, 21 A. 589; Fortier vs. Zimple, 6 A. 54; Chretien vs. Richardson, 6 A. 2; Monition of Johnson, 3 A. 556.

When the description sufficiently indicates the extent and location of the property, an error in the name of a street bounding the property will not avail opponent, Ogilvie vs. Rillieux, 10 R. 363.

Party praying homologation must prove compliance with legal formali. ties, Lamorandier vs. Meyer, 8 R. 152; Ex parte Murray, 6 R. 74; Fortier vs. Zimple, 5 R. 189; In the Matter of Bond, 15 A. 129.

A mortgage creditor may oppose, 5 R. 189.

Party whose monition opposed cannot discontinue, McDonough vs. Copeland, 9 L. 310.

Though over objection a petitory action cannot be set up in reconvention, yet if the party praying monition joins issue on title, the court will try it as a petitory action in which opponent is plaintiff, Pannell vs. Overton, 12 L. 555.

A judgment cannot be attacked collaterally in an opposition to a monition, Frost vs. McLeod, 19 A. 69.

Opponent must prove his averments, Montgomery vs. All the World, 23

A. 239.

Description of Property.

4691. [R. S. 2372.] This monition shall state the judicial authority under which the sale took place, and shall also contain the same description of the property purchased as that given in the judicial conveyance to the buyer, and shall further declare the price at which the object was bought.

Granted by Judge.

4692. [R. S. 2373.] The judges of the respective courts from which the orders, decrees or judgments may have issued, and in virtue of which the sales ought to be homologated, which have been made, shall, on application of the buyer, grant this monition in the name of the State, and affix to it the seal of the court.

Judgment on Monition.

4693.

[R. S. 2374.] At the expiration of the thirty days, the party obtaining the monition may apply to the judge of the court, out of which the monition is issued, to confirm and homologate the sale, and it shall be the duty of the judge in case no cause is shown against the prayer for the monition, to homologate and confirm the judicial sale in question; provided, always, that before he does so confirm it, he shall be fully satisfied that the advertisements have been inserted in the newspapers, as already directed, and that the property has been correctly described, and the price at which it was purchased, truly paid; but in case opposition be made to the homologation, and it should appear that the sale was made contrary to law, it shall then be the duty of the judge to annul it, otherwise to confirm it, as in case no opposition was made.

In the Matter of Bond, 15 A. 129.

A final judgment homologating a monition rendered in chambers is null, Gay's Monition, 20 A. 176.

Effect of Judgment.

4694. [R. S. 2375.] The judgment of the court, on the monition aforesaid, shall be in itself conclusive evidence that the monition has been regularly made and duly advertised, nor shall any evidence be received thereafter to contradict the same, or to prove any irregularity in the proceeding.

D'Arensbourg vs. Chauvin, 9 A. 98; Moore vs. Knapp, 7 A. 21.

Judgment Res Judicata.

4695. [R. S. 2376.] The judgment of the court, confirming and homologating the sale, shall have the force of res judi

cata, and operate as a complete bar against all persons, whether of age or minors, whether present or absent, who may thereafter claim the property sold, in consequence of all illegality or informality in the proceeding; whether before or after judgment; and the judgment of homologation shall in all cases be received and considered as full and conclusive proof that the sale was duly made according to law, in virtue of a judgment or order legally and regularly pronounced on the interest of parties duly represented.

Willis vs. Nicholson, 24 A. 545; Laforrest vs. Barrow, 12 A. 148; Cordeville vs. Hosmer, 16 L. 590.

When Party Not Cited.

4696. [R. S. 2377.] Nothing herein contained shall be taken or understood so as to render valid any sale made in virtue of a judgment when the party cast was not duly cited to make defense; and in every case where minors are interested, they shall have their recourse on their tutors, if they have improperly neglected to make opposition to the confirmation of the sale of their property.

Costs by Whom Paid.

4697. [R. S. 2378.] Where no opposition is made to the confirmation of the sale, the cost of attending the proceeding shall be paid by the party who prays for the monition; and where opposition is made, the costs shall be borne by the party against whom judgment is rendered.

Purchasers Refuse to Pay.

4698. [R. S. 2379.] Nothing herein contained shall be construed or understood to authorize the purchaser at a judicial sale to refuse carrying the same into effect, or to delay the payment of the price for a greater space of time than is now allowed by law.

Tax Sales.

[R. S. 2380.] The provisions of the foregoing section shall be extended to tax sales; provided, such sales shall have been made for the time within which, by law, the property could be redeemed, before the monition is applied for.

MORTGAGES.

In What Cases Reinscription Unnecessary.

4700. [R. S. 2399.] Article [3369 of the Revised Civil Code] is hereby amended so that the rule requiring the rein

scription of mortgages, at the expiration of ten years from date of their registry, shall not apply to the mortgages which have been or may be given by the stockholders of the various property banks of this State.

Cancellation At End of Ten Years.

Article [3369 of the Revised] Civil Code shall be so amended that it shall be the duty of the recorder of mortgages, or person acting as such, to cancel and erase, on the simple application in writing to that effect, by the owner, creditor of the owner, or other party interested, all inscriptions of mortgages which have existed, or may exist on their record for a period exceeding ten years, without a renewal of such inscription; provided, however, that this section shall not apply to mortgages against husbands for the dotal and other claims of their wives, to mortgages against tutors and curators in favor of minors, interdicted or absent persons, nor to mortgages in favor of the property banks.

Reinscription of Poydras Mortgage Unnecessary.

4701. [R. S. 2400.] The reinscription of mortgages required by Article [3369 of the Revised] Civil Code, shall not apply to the mortgages now recorded, or which may hereafter be given and recorded in favor of the commissioners of the Poydras legacy, out of the funds bequeathed by the late Julien Poydras to the indigent girls of the parishes of West Baton Rouge and Pointe Coupée.

Judgments Against New Orleans.

4702. [R. S. 3181.] Hereafter no inscription of a judgment rendered against said city of New Orleans shall operate as a judicial mortgage against any property of the said city of New Orleans.

What Corporations May Issue Mortgage Bonds.

4703. [R. S. 2396.] Any railroad, plank road, turnpike, canal, elevator, warehouse or compress company or any corporation organized for the manufacture of cotton, woolen or other yarns or cloth or for other manufacturing purposes, or for drainage, sewerage, land reclamation, levee building or carrier by water or any ferry company or corporation engaged in the business of carrying passengers and freight by water for hire, or any waterworks or electric lights or power company, or any bridge company or bridge and railroad company, sugar mills and re