The appellants' mother, acting as their tutrix, sold immoveables in which her minor children owned an undivided two-thirds share to her own mother, who shortly thereafter gifted the property back to the tutrix.
The property was later sold to bona fide third party purchasers and subsequently expropriated by the province.
The appellants brought a direct action in nullity to annul the initial sale, the gift, and subsequent deeds, arguing the tutrix's purchase through an interposed party violated the Civil Code.
The Supreme Court of Canada allowed the appeal, holding that the sale was irremediably vitiated and that the apparent defect in title could be opposed to the bona fide third party purchasers.
A prior judgment authorizing confirmation of the voidable deeds was also annulled because it unlawfully authorized a confirmation during the minority of the pupils.
