Givanovitch v. Hebrew Congregation
Supreme Court of Louisiana
1 PPEAL from the Seventeenth District Court, Parish of East Baton . Kouge. Slierbwm, J. The title to real estate passes absolutely, as to the whole world, by the act of sale thereof, be it recorded or not, subject to the rights of certain creditors. 35 A. 831. When one, by purchase, brings property into his estate, thereby increasing the common pledge of his creditors, the proceeds of a judicial sale of the said property must be applied to tlio payment of the balance owing…
Read the full summary
1 PPEAL from the Seventeenth District Court, Parish of East Baton . Kouge. Slierbwm, J. The title to real estate passes absolutely, as to the whole world, by the act of sale thereof, be it recorded or not, subject to the rights of certain creditors. 35 A. 831. When one, by purchase, brings property into his estate, thereby increasing the common pledge of his creditors, the proceeds of a judicial sale of the said property must be applied to tlio payment of the balance owing to the vendor for the price of sale of the property before going to the satisfaction of other creditors. The assumption…
1Opinion of the Court
The opinion of the Court was delivered by
Bekmttdez, O. J.
This is a contest for priority of payment out of the jiroceeds of the property of defendant, which was simultaneously sold under writs respectively issued by the contending creditors.
Marco Givanovitch claims that he is entitled to the vendor’s privilege, while the heirs of Gallaugher insist that their judicial mortgage ranks the privilege thus claimed.
From a judgment in favor of the judgment creditors, the present appeal is taken.
The following are the facts established by the record :
On the eighteenth of July, 1872, a judgment in favor…
2Cases cited6 opinions
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Bittle v. Camden & Atlantic RailroadSupreme Court of New Jersey · 1893
- Lancy v. Home InsuranceSupreme Judicial Court of Maine · 1890
- Burt v. Real Estate ExchangeSupreme Court of Pennsylvania · 1896
- Sidney School Furniture Co. v. School DistrictSupreme Court of Pennsylvania · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gleissner v. HughesSupreme Court of Louisiana · 1922
- Ridings v. JohnsonSupreme Court of the United States · 1888
- State Ex Rel. Wheless Inv. Co. v. City of ShreveportLouisiana Court of Appeal · 1932
- Emerson-Brantingham Implement Co. v. CookSupreme Court of Minnesota · 1925
- Allen-Wadley Lumber Co. v. HuddlestonSupreme Court of Louisiana · 1909
5 more not listed; retrieve them via the Exa API.