Barnard v. Erwin
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. The power granted by law to the tutor to give a special mortgage, is for the advantage of the tutor, and restrictive of the rights previously granted to the minor, and should be strictly construed. The intention of the legislature was to restrict the minor’s recourse in relation to the property on which he was to exercise his rights, but not in relation to the extent or amount of his rights.
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Appeal from the Commercial Court of New Orleans, Watts, J. The power granted by law to the tutor to give a special mortgage, is for the advantage of the tutor, and restrictive of the rights previously granted to the minor, and should be strictly construed. The intention of the legislature was to restrict the minor’s recourse in relation to the property on which he was to exercise his rights, but not in relation to the extent or amount of his rights. He has the same rights by law as when the mortgage was general, but must exercise them only on the property specially mortgaged. The act of…
1Opinion of the CourtBullaed, J.
The petitioners, who are the children of William Brand, one of them emancipated by marriage, and the other two minors represented by their under-tutor, allege that they are the sole heirs of their deceased mother, the wife of William Brand. That, on the decease of their mother, their father became their tutor, and was duly qualified as such. That he instituted proceedings in the Probate Court for the purpose of liquidating and determining the rights of the petitioners in the succession of their mother, which proceedings resulted in a judgment, whereby the rights of the petitioners were…
2Cases cited6 opinions
- Lalanne's Heirs v. MoreauSupreme Court of Louisiana · 1839
- Flint v. CunySupreme Court of Louisiana · 1833
- Le Blanc v. His CreditorsSupreme Court of Louisiana · 1840
- Lesassier v. DashiellSupreme Court of Louisiana · 1841
- Stafford v. VillainSupreme Court of Louisiana · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Zeigler v. His CreditorsSupreme Court of Louisiana · 1896
- Schneider v. BurnsSupreme Court of Louisiana · 1893
- Sherrod v. CalleghanSupreme Court of Louisiana · 1854