Lamorere v. Succession of Cox
Supreme Court of Louisiana
APPEAL from tho Tenth Judicial District Court, parish of Caddo Boorman, J. First — A mortgage creditor of a succession has a right to proceed by seizure and sale in a court of ordinary jurisdiction against the mortgaged property, and the probate court has no jurisdiction o-ver succession property thus proceeded against. 30 An. 323 ; 26 An. 600 ; 28 An. 622. Second — Where an injunction is issued by the parish judge in the absence or recusation of the district judge, the…
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APPEAL from tho Tenth Judicial District Court, parish of Caddo Boorman, J. First — A mortgage creditor of a succession has a right to proceed by seizure and sale in a court of ordinary jurisdiction against the mortgaged property, and the probate court has no jurisdiction o-ver succession property thus proceeded against. 30 An. 323 ; 26 An. 600 ; 28 An. 622. Second — Where an injunction is issued by the parish judge in the absence or recusation of the district judge, the failure to show such absence or recusation by affidavit is fatal to the injunction. C. P. 128. Third — Again, the injunction…
1Opinion of the Court
*248The opinion of the court was delivered by
Marr, J.
Lamorere, holder of a note executed by W. R, Oox,. secured by mortgage, proceeded, after the death of Oox, via executiva and the property was advertised for sale on the 18th July.
Jewell, administrator of the succession of Cox, filed an opposition on the 6th July, alleging the priority of certain privileged claims1; and' he obtained an order requiring the sheriff to retain a sufficient sum, out of the proceeds of the sale, to pay these claims. He prayed the court to rank the privileges, and to order them to be paid by preference out of the…
2Cited by8 opinions
- Succession of FineganSupreme Court of Louisiana · 1914
- Carr v. TateSupreme Court of Georgia · 1899
- Reugger v. De BrueysSupreme Court of Louisiana · 1919
- Whitney v. PinneySupreme Court of Minnesota · 1892
- In re RandolphDistrict Court, N.D. West Virginia · 1911
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