Succession of Forstall
Supreme Court of Louisiana
APPEAL from the Civil District Coart, for the Parish of Orleans. Monroe, J. 1. The C. C. Art. 3237 grants a vendor’s privilege on the property sold for the payment of the price, or so much of it as is due, whether sold for cash or on credit. 2. This is a right which springs from the nature of the debt, and by force of law is embodied in the contract. 3. It is also a right of very high character conferring advantages superior to those which flow from a mortgage. 4. Although a…
Read the full summary
APPEAL from the Civil District Coart, for the Parish of Orleans. Monroe, J. 1. The C. C. Art. 3237 grants a vendor’s privilege on the property sold for the payment of the price, or so much of it as is due, whether sold for cash or on credit. 2. This is a right which springs from the nature of the debt, and by force of law is embodied in the contract. 3. It is also a right of very high character conferring advantages superior to those which flow from a mortgage. 4. Although a renunciation of rights of this character may be implied, it must be held by sound principles of interpretation, should…
1Opinion of the Court
The opinion of the Court was delivered by
Pochb, J.
The.principal contention presented in this appeal grows out of the opposition to the account and tableau of distribution of the natural tutrix administering in that capacity the succession of her husband, interposed by James P. G-uiuault, as the holder of twenty-two notes, amounting together, in capital, to $1900; and originally secured by a special mortgage and vendor’s privilege on an immovable, the proceeds of which constitute the principal asset of the succession.
He complains that, in her proposed distribution, the tutrix lias recognized…
2Cited by4 opinions
- Starks v. Orleans Motors, Inc.District Court, E.D. Louisiana · 1974
- Cason v. CecilSupreme Court of Louisiana · 1942
- Gresham v. GravesLouisiana Court of Appeal · 1925
- Viau v. SemprevivoLouisiana Court of Appeal · 1928