
    No. 4877.
    Succession of Eugene Hacker. On Rule to set aside Order of Sale.
    The administrator obtained an order to sell property upon terms ol one third cash and balance on one and two years credit, whereupon tho appellee, as holder oí a matured mortgage, note, by rule, caused the terms to be changed to cash, and from this action of tho court this appeal is taken. The motion to dismiss can not prevail.
    The order is one from which an appeal may he taken. It is reasonable to infer that injury of an irreparable character may result in tho depreciation consequent upon a sale for cash instead of on terms of credit.
    The proceeding to sell tho property in tho manner attempted was illegal, when the widow and heirs were put in possession by order of court tho succession of Eugene Hacker jvas closed. It was not therefore in the power of the court to reopen it. Tho appointment of an administrator was irregular, tho original order of sale was illegal, and the modification thereof in the judgment appealed from was likewise void, because the succession of Hacker was no longer under t-lie. jurisdiction of tho court.
    from tho Second District Court, parish of Orleans. Tíssot, J..
    
    
      Alfred Grima, for plaintiff in rule and appelloe.
    
      Bent-hick Egan, for defendant, Mrs. Hacker.
    
      E. Bermudez, for J. Duvigneaud, administrator and defendant in rule.
   On Motion to Dismiss.

Howell, J.

A motion is made to dismiss this appeal because it is taken from an interlocutory or dor wliicb, it is alleged, will not causo an irreparable injury.

Tlio administrator obtained an order to sell property on terms of one third cash and balance oil one and two years credit, whereupon the ap-pellee, as holder of a matured mortgage note, by rule caused the terms to be changed to cash, and from this action of tho court this appeal is taken.

We are of opinion that the order is one from which an appeal may be taken. It is reasonable to infer that injury of an irreparable character may result in the depreciation consequent upon a sale for cash instead of on terms of credit.

The motion is denied.

OK the Meiut.-’.

Wyly, J.

Eugene Hacker died in May, 1871, leaving a widow and several children, some of age. and some minors, and leaving a succession consisting of community propeity. The widow, Mrs. Agatlio Hacker, was confirmed as natural tutrix. Subsequently, to wit: on tho twelfth of April, 1872, slio obtained an order ro 'ognizing her as owner of one half tho property, and was entitled to tlio usufruct of tho other half, and in said capacity she was put in possession of all tho property inventoried as belonging to the succession of her husband, Eugene Hacker. Subsequently, slio borrowed from Ahilé Gautier five thousand dollars, giving a note secured by mortgage on the pi-porty described in this suit, said mortgage being made by her individually and as natural tutrix, under advice of a family meeting and order of court; tho major heirs also joined in said mortgage.

In January, 1878, subsequent to tho execution of this mortgage, and nearly one year after the surviving widow had boon put in possession, Joseph Duvignoaud applied for and was appointed administrator of this succession. He filed a statement of debts and obtained an order to sell the real estate embraced in tho inventory of this succession on the following terms: One third cash,' and the balance on one and two .years credit, secured by mortgage and vendor’s privilege. Thereupon Gautier, the mortgage creditor of the widow and tho major and minor heirs, took a rule to compel the sale of tho mortgaged property for cash instead of the terms fixed in the order obtained by the administrator; and from the judgment making this rule absolute this appeal was taken.

The proceeding to sell the property in the maimer attempted was illegal. When tho widow and heirs were put in possession by order of court, tlio succession of Eugene Hacker was closed. It was not thereafter in tho power of the court to roopon it. Tho appointment of an administrator was irregular, tho original order of sale was illegal, and the modification thereof in tho judgment appealed from was likewise void, because the succession of Hacker was no longer under jurisdiction of the court. 22 An. Cl; 25 An. 56, 220.

It is therefore ordered that the judgment appealed from bo annulled and tho rule herein bo discharged, tho plaintiff therein paying costs of both courts.  