Devron v. His Creditors

Spofford, J.,

(with whom concurred Lea, J.,) dissenting. It appears to me, that the mode of contribution to debts, privileged generall/y upon movables and immovables, has been judicially determined in the cases of Janin v. His Creditors, 10 L. 554 and Cazeau v. His Creditors, 6 Rob. 268, in both of which cases the court must have had in view Articles 3236 and 3237 of our present Code.

The decision was, that the immovables, not the mortgage creditors, owed the contribution, and that the privileged debt aforesaid, must be borne by the immovables pro rata, according to'the price which they…