Succession of Aron. No. 12,043. SUCCESSION OF LOUISE ARON, DECEASED WIFE OF F. L. NEY. Proceedings taken by heirs of age to foreclose their mortgage against community property which had been adjudicated to the surviving husband and natural tutor are specially provided for in Revised Civil Code, Art. 333, and are somewhat of the character of partition proceedings, and unlike those for the execution of ordinary money judgments or for executory proceedings. The principle announced in the case of Koehl vs. Solari, 47 An. 890, as essential to the effectual removal of the legal mortgage of a minor heir from the property sold in pursuance of such proceedings, is affirmed. A PPEAL from the Civil District Court for the Parish of Orleans. E. Laizer and Gabriel Fernandez for Plaintiffs, Appellees, cite: C. C., Arts. 271, 321, 333; 16 An. 370; 24 An. 603; 35 An. 829; 47 An. 895; 46 An. 1267; 25 An. 53; 33 An. 305, 1213. 48 817 52 1408 52 1410 E. J. Meral and Robert Legier for Defendant, Appellant, cite: Arts. 316, 317, 322, C. C. Submitted on briefs March 27, 1896. The opinion of the court was delivered by WATKINS, J. This is a proceeding by rule to compel Edmond Rixner to accept title to real property situated in New Orleans, and complete an adjudication thereof to him by the civil sheriff in pursuance of an order of court; and from a judgment making the rule absolute and requiring the defendant in rule to comply with the terms of the adjudication by paying the whole price into court, there to remain subject to the order of the court, and not to be withdrawn until the minor's interest therein shall have been perfectly secured and a proper reinvestment made of his share thereof, and thereupon the minor's mortgage against the property shall be canceled and erased, and title to said property passed to him unincumbered, he has prosecuted this appeal. The facts are substantially as follows, viz.: Frederick Ney was married to Louise Aron, and she died in the |