Monbouchet's Curator v. Ferraud
Supreme Court of Louisiana
Appeal from the court of prohates for the parish and city of New Orleans. In this case, the curator having filed his tableau of distribution, which was homologated, and in which it appeared the defendant was a purchasing creditor of property of the estate to the amount of $2250, retaining the purchase-money.
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Appeal from the court of prohates for the parish and city of New Orleans. In this case, the curator having filed his tableau of distribution, which was homologated, and in which it appeared the defendant was a purchasing creditor of property of the estate to the amount of $2250, retaining the purchase-money. His share of the law charges on the final administration of the estate, which proved insolvent, was $443 25. The curator took a rule on him to pay over this sum, which was made absolute, and he appealed.
1Opinion of the CourtMaetut, J.
The curator’s account of the administration of the estate of J. B. Monbouchet, having been filed and homologated, a rule was taken on the defendant and appellant to show cause why he should not pay into court the sum of $443 25, with which he is charged in the above account. The rule was made absolute. He afterwards took a rule on the curator to show cause why the judgment against him should not be rescinded, and on this last rule being discharged, he appealed.
It appears, that as a creditor by mortgage, he received a sum of $2250, the-proceeds of the sale of the mortgaged property. The estate…
2Cited by5 opinions
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