Gravier v. Gravier
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE FIRST DISTRICT. Bertrand Gravier became insolvent in France in 1783, and entered into a concordat with his creditors, by which, on ’ certain conditions, he obtained an indefinite respite for the payment of their claims.
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APPEAL PROM THE COURT OP THE FIRST DISTRICT. Bertrand Gravier became insolvent in France in 1783, and entered into a concordat with his creditors, by which, on ’ certain conditions, he obtained an indefinite respite for the payment of their claims. He died in New-Orleans ih 1787, and his effects were adjudicated to the-appellant, Joh» Gravier, coheir with the appellees of Bertrand Gravier, on condition that he should pay the debts of the estate. jn 1824 the appellees sued for a partition, and obtained judgment against John Gravier for $22,083 75, provided the plaintiffs gave bond in the sum…
1Opinion of the Court
Porter J.
delivered the opinion of the court.
The plaintiffs gave to the defendant a bond of indemnity, do save him harmless from the claims of the creditors of Bertrand Gravier’s estate. Thirty years having elapsed since .the opening of the succession, the obligors applied to the court of the first instance to have the bond cancelled, averring that all claims had become extinguished by prescription. The court .sustained this application, and the defendant appealed.
We think the court erred. The prescription of thirty years does not necessarily extinguish all debts. There may among the creditors…
2Cited by2 opinions
- Succession of LoeperSupreme Court of Louisiana · 1901
- Copley v. McFarlandSupreme Court of Louisiana · 1844