Legal Opinion

Board of Liquidators of Hart & Hérert v. Bates

Supreme Court of Louisiana

Decided April 15, 1881No. 8175PublishedCited by 2 opinions

APPEAL from the Seventeenth Judicial District Court, parish of East Baton Rouge. Sherburne, J. I. There was no seizure of the property. First — Because no actual possession was taken by the sheriff.

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APPEAL from the Seventeenth Judicial District Court, parish of East Baton Rouge. Sherburne, J. I. There was no seizure of the property. First — Because no actual possession was taken by the sheriff. L. D. p. 279-6 A. Uos. 2, 4, 5. The mere verbal appointment of a female occupant of the house as custodian, followed by no collection of rents, is not sufficient, where it appears that the liquidators of Hart & Hebert, to whom the property had been surrendered for the benefit of creditors, held an office in the building occupied by their President and Secretary. They should be likened to third…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

On the 7tb of November, 1875, the members who composed the firm of Hart & Hebert, made an extrajudicial voluntary surrender of their property to their numerous creditors, which twenty odd of them refused to accept.

StyliDg themselves “ the Board of Liquidators of Hart & Hebert,” the petitioners took possession of such property.

Certain mortgage creditors, nevertheless, thereafter proceeded via ordinaria to the recognition of their claims, and obtained judgment to that end, contradictorily with Hart & Hebert, which on 'appeal was affirmed.…

2Cited by2 opinions

  1. Conery v. His CreditorsSupreme Court of Louisiana · 1906
  2. First Nat. Bank v. MartinSupreme Court of Louisiana · 1910

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