Heirs of Stafford v. Renshaw
Supreme Court of Louisiana
APPEAL from the Twelfth Judicial District Court, parish of Bapides. Bowman, judge ad hoc. Appellee contends that a writ of seizure and sale cannot issue against the property of a Succession under administration, where plaintiff has obtained a judgment against the succession in an ordinary action. C. P. Art.; 1 An. 205; 2 L. 547; 12 An. 642; 3 IT.
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APPEAL from the Twelfth Judicial District Court, parish of Bapides. Bowman, judge ad hoc. Appellee contends that a writ of seizure and sale cannot issue against the property of a Succession under administration, where plaintiff has obtained a judgment against the succession in an ordinary action. C. P. Art.; 1 An. 205; 2 L. 547; 12 An. 642; 3 IT. S. 498. Plaintiff having elected to pursue the via ordinm'ia, cannot afterwards resort to the executory process to enforce the collection of a judgment recognizing his mortgage. 3 IT. S. 498; 31 An. 112. Where the heirs are present or represented and…
1Opinion
*445On the Merits.
The object of this suit is to annul a judgment of the Supreme Court, rendered in 1878, whereby Henry Renshaw was recognized as a creditor of the succession of Leroy A. Stafford, for thirteen thousand five hundred dollars, $13,500, with interest, and the property mortgaged to secure the claim was ordered to be seized and sold to pay the debt. 30 An. 861. The suit is coupled with an injunction to prevent the execution of the writ issued on that judgment, for the sale of that property.
The grievances alleged are twofold: 1st, that Renshaw having sued via ordinaria, could not change…
2Cases cited1 opinion
- Cox's Executors v. ThomasSupreme Court of Louisiana · 1837