Spears v. His Creditors
Supreme Court of Louisiana
APPEAL from the Third District Court, Parish of Claiborue. Young, J. lies adjudicate cannot be raised as to a question which was not made an issue, and which has not been adjudicated upon.
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APPEAL from the Third District Court, Parish of Claiborue. Young, J. lies adjudicate cannot be raised as to a question which was not made an issue, and which has not been adjudicated upon. Estoppel is founded upon tbe principle that a party is hound.by his previous actions, admissions or allegations; so where he has a vendors privilege and fails to ask for and have it recognized in the judgment, he is not afterwards estopped from claiming bis privilege in a contest with other creditors. 29 Ann. 841; 32 Ann. 826, 827. The renewal of a note for tbe purchase price of machinery and fixtures does…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Puller & Co. oppose the cession of their insolvent debtor, Spears, and the homologation of the proceedings of a creditors’ meeting, whereat a syndic was chosen dnd the terms for the sale of his property fixed on the following grounds, viz:
1. That they were placed on the insolvent’s schedule of debts as ordinary creditors, when they should have been placed thereon as creditors with vendor’s lien and privilege on a certain steam-mill, engine and fixtures which are included amongst the property surrendered.
*6522. That Jacob Stein & Co. were placed…
2Cited by2 opinions
- Richardson v. TurnerSupreme Court of Louisiana · 1900
- In Re Liquidation of Hibernia Bank & Trust Co.Supreme Court of Louisiana · 1944