Hayden v. Slaughter
Supreme Court of Louisiana
A PPEAL from .the Seventeenth District Court for the Parish of ii East Baton Rouge. Buchner, J. 1. Where the payment of a debt of a succession is secured by collateral security which the creditor neither attempts to collect nor deliver to the representative of the succession, and refuses to receive the money for the debt when tendered, he can not pursue the property of the executor and universal legatee which said property is claimed as a homestead. 2. This is strengthened…
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A PPEAL from .the Seventeenth District Court for the Parish of ii East Baton Rouge. Buchner, J. 1. Where the payment of a debt of a succession is secured by collateral security which the creditor neither attempts to collect nor deliver to the representative of the succession, and refuses to receive the money for the debt when tendered, he can not pursue the property of the executor and universal legatee which said property is claimed as a homestead. 2. This is strengthened by the further fact that in consideration of the payment of a sum of money he released his mortgage (and recourse) upon…
1Opinion of the Court
*387The opinion of the court was delivered by
Eennbr, J.
The plaintiff enjoins the execution of a judgment rendered in 1873, and revived in 1883, assigning three grounds for the injunction, viz.:
1. That the original judgment of 1873 did not authorize an execution, and that the judgment of revival, in so far as it adds to or amends the original judgment, is unauthorized by law, and is null and void. The defendant responds that the judgment Of revival is res judicata as to the whole relief granted, and can not be collaterally attacked. We do not find it necessary to pass on this point (which is not…
2Cited by13 opinions
- Wilson v. KingSupreme Court of Louisiana · 1955
- Brantley v. PruittSupreme Court of Louisiana · 1932
- Garner v. FreemanSupreme Court of Louisiana · 1907
- St. Mary Bank & Trust Co. v. DaigleSupreme Court of Louisiana · 1911
- Acosta v. Whitney Nat. Bank of New OrleansSupreme Court of Louisiana · 1948
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