John Calder & Co. v. Creditors
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. King, J. 1. A debtor can arrest the executory process of his creditor whose act of mortgage contains the non-alienation clause by surrendering his property to his creditors, when the executory proceedings must be cumulated with the proceedings in insolvency.
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APPEAL from the Civil District Court, Parish of Orleans. King, J. 1. A debtor can arrest the executory process of his creditor whose act of mortgage contains the non-alienation clause by surrendering his property to his creditors, when the executory proceedings must be cumulated with the proceedings in insolvency. Wheeler vs. Stewart, 18 An. 673; 11 An. 482. 2. When a debtor cedes his goods to his creditors, and a stay of proceedings is granted, the cession operates the civil death of the debtor. I-Ie can not, consequently, remain a party in a suit. The judge’s order stays all proceedings…
1Opinion of the Court
*457The opinion of the court was delivered by
Fenner, J.
The Whitney National Bank is a creditor of D. R. •Oalder for $20,000, secured by first mortgage on the Orange Grove plantation. After fruitless efforts by the insolvent and the bank to effect a private sale of the plantation, the bank sued out executory process in the Civil District Court of this parish, under which the plantation was duly seized and advertised for sale to take place on March 19, 1892.
On the 15th of February, 1892, Oalder made, in the proceeding now before us, a cession of his property under the State insolvent law.…
2Cases cited1 opinion
- Barkley v. His CreditorsSupreme Court of Louisiana · 1845