Deverges v. His Creditors
Supreme Court of Louisiana
APPEAL from tlie Second District Court of New Orleans, In ter opposition Mrs. de St. Romes contended ttat tte note, for securing tte payment of wtict tte special mortgage of 1855 tad been granted, was in ter possession and still unpaid; ttat if tte mortgage ever was canceled, tte cancelment of it was erroneous and wrongful, done wittout ter knowledge, eitter ttrough error or coEusion, and was, therefore, null and void; and tte Court maintained ter opposition upon tte ground…
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APPEAL from tlie Second District Court of New Orleans, In ter opposition Mrs. de St. Romes contended ttat tte note, for securing tte payment of wtict tte special mortgage of 1855 tad been granted, was in ter possession and still unpaid; ttat if tte mortgage ever was canceled, tte cancelment of it was erroneous and wrongful, done wittout ter knowledge, eitter ttrough error or coEusion, and was, therefore, null and void; and tte Court maintained ter opposition upon tte ground ttat “tte note wasstülinter tands; ttat it tad never been paid nor canceled; ttat tte mortgage, it is true, tad been…
1Opinion of the CourtLabattve, J.
B. Soulé, syndic of the creditors of the said insolvent, filed a tableau of distribution, on the 25th January, 1862.
Various oppositions were filed to the said tableau; and our attention-has been called particularly to the following objectionable parts thereof :
The movables being insufficient to pay the debts privileged on the movables and immovables, the creditor whose mortgage was the least ancient, was made to contribute first to the loss resulting from theinsuffieiency.
The ground of opposition is that the deficiency of movables to pay privileged debts should be charged pro rata on all the…
2Cases cited1 opinion
- Driscoll v. CarlinSupreme Court of New Jersey · 1887
3Cited by2 opinions
- Succession of McCallSupreme Court of Louisiana · 1916
- Zeigler v. His CreditorsSupreme Court of Louisiana · 1906