Weems v. Delta Moss Co.
Supreme Court of Louisiana
APPEAL from the Sixth District Court, parish of Orleans. Bightor, J. First — Reicliard’s pledge is invalid "because there was no actual delivery. 17 L. 185-428; 18 L. 453 ; 6 A. 516 ; 19 A. 368 ; 26 A. 185 ; C. C. 3162. Second — He has no seizure because the description of the property is too vague to give any information as to what was seized. Third — He lost any privilege under his fi. fa. by the failure to obtain a copy within twenty-four hours.
Read the full summary
APPEAL from the Sixth District Court, parish of Orleans. Bightor, J. First — Reicliard’s pledge is invalid "because there was no actual delivery. 17 L. 185-428; 18 L. 453 ; 6 A. 516 ; 19 A. 368 ; 26 A. 185 ; C. C. 3162. Second — He has no seizure because the description of the property is too vague to give any information as to what was seized. Third — He lost any privilege under his fi. fa. by the failure to obtain a copy within twenty-four hours. C. P. 642. Fourth — The privilege of defendant or a clerk is established by the judgment and concludes all parties 19 A. 143 ; 5 A. 401; 4 A. 135…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
In execution of a judgment in favor of plaintiff, all the property belonging to the Delta Moss Company, an insolvent corporation, was sold and realized the sum of $ 1465.
Plaintiff’s claim to be paid from said proceeds the full amount of his judgment of $156 is resisted by Augustus Reichard, another judgment *975creditor of the same defendant for $1500, who claims a preference over the proceeds, by reason of a pledge made to him by the defendant, of all the property, subsequently seized and sold, and by further reason of a priority of seizure of…
2Cited by5 opinions
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
- Canal-Commercial Trust & Savings Bank v. New Orleans, T. & M. Ry. Co.Supreme Court of Louisiana · 1926
- Succession of BierSupreme Court of Louisiana · 1919
- Salaun v. Consolidated Realty & Mfg. Co.Supreme Court of Louisiana · 1918
- Smith v. Tooke Prudential Ins. Co. of AmericaLouisiana Court of Appeal · 1929