Duncan's Syndics v. Duncan's Heirs
Supreme Court of Louisiana
Eastern Dist. ATBEAI. FROM THE COURT OE FROBATES, FOR THE FARISH OF EAST BATON ROUGE. The syndics of the creditors of the estate of Win.
Read the full summary
Eastern Dist. ATBEAI. FROM THE COURT OE FROBATES, FOR THE FARISH OF EAST BATON ROUGE. The syndics of the creditors of the estate of Win. Duncan, deceased, filed their tableau of distribution, in which they placed the heirs of A. L. Duncan as debtors for the amount of two judgments, and interest, amounting to seven thousand one hundred and twenty-seven dollars and thirty-one cents, while they are credited by a judgment against the estate and interest thereon, amounting to three thousand eight hundred and fourteen dollars and eighty-seven cents. The defendants, heirs and legal representatives…
1Opinion of the Court
Bullard, J,
delivered the opinion of the court:
A re-hearing was granted in this case, on the suggestion that the court was mistaken in point of fact, in supposing that the appellants were not creditors of the insolvent. Upon looking again into the record, we find that William Duncan whose estate is administered by syndics, was indebted, at his death, to A. L. Duncan, and that the latter purchased largely at the sale of his effects. If compensation took place then, the latter would probably turn out to be debtor, instead of creditor, of the estate. But such could not be the case, and we are of…
2Cited by2 opinions
- D'Asaro v. CotonioLouisiana Court of Appeal · 1954
- Lewis v. MooreSupreme Court of Louisiana · 1844