Tessier v. Bourgeois
Supreme Court of Louisiana
APPEAL from the Twenty-second District Court, Parish of St. James. Dnffel, J. 1st. A purchaser of succession property, sold under executory process, has t.be right to-retain in his hands the surplus of the price of adjudication, after paying the amount of the seizing creditor’s writ, to be apx>lied directly by him to the payment of anterior, concurrent or subsequent mortgage and })rivilege creditors.
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APPEAL from the Twenty-second District Court, Parish of St. James. Dnffel, J. 1st. A purchaser of succession property, sold under executory process, has t.be right to-retain in his hands the surplus of the price of adjudication, after paying the amount of the seizing creditor’s writ, to be apx>lied directly by him to the payment of anterior, concurrent or subsequent mortgage and })rivilege creditors. Code of Practice, Art. 707; Morris vs. Cain’s Executors. 34 Ann. 657 : 2B.214; 5Ann.313; 27 Ann.60; 31 Ann. 86 ; 18 Ann. 65. 2d. In such a case the administrator of the succession is without…
1Opinion of the Court
Tne opinion of the Court was. delivered b.y
Poché, J.
This rule is taken by R. Beltran, administrator of the snceession of J. Aristide Bourgeois, to compel the purchaser of the immovable property of the succession, at a sale made under executory process at the instance of plaintiff, Jean Tessier, to turn over to the administrator the balance of the purchase price after satisfying in full the seizing creditor’s mortgage m principal, interests and costs.
*257The. mortgage thus foreclosed had been granted by J. A. Bourgeois three years before his death, which occurred in November, 3884, and executory…
2Cases cited2 opinions
- Pepper v. DunlapSupreme Court of Louisiana · 1840
- Merchants' Bank of New Orleans v. PetersSupreme Court of Louisiana · 1842
3Cited by2 opinions
- Robinson & Co. v. CosnerSupreme Court of Louisiana · 1914
- Cason v. CecilSupreme Court of Louisiana · 1942