McCalop v. Fluker's Heirs

The administratrix of the estate of Dmid Jones Flulcer has appealed from an order of seizure and sale. The principal objection to its validity is that executory process cannot issue against mortgaged property in the course of administration, comprising part of the effects of a succession represented by an administrator.

This objection has been already considered by this court, and decided to be of no force. The authorities quoted in the decree of the District Judge sustain the judgment.

In Boguille v. Faille, 1 An. 205, the court say: “ The right of the hypothecary creditor to proceed against…