Abat v. Buisson
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT FOR THE PARISH ANI> CITY OF NEW-ORLEANS. The defendant, as curator of the vacant estate of Francois Loiseau, deceased, on the 10th April, 1834, filed an account of the first year’s administration, and a tableau of the effects and debts of said estate, and prayed that his appointment be prolonged for another year and that his account be homolo-gated.
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APPEAL FROM THE PARISH COURT FOR THE PARISH ANI> CITY OF NEW-ORLEANS. The defendant, as curator of the vacant estate of Francois Loiseau, deceased, on the 10th April, 1834, filed an account of the first year’s administration, and a tableau of the effects and debts of said estate, and prayed that his appointment be prolonged for another year and that his account be homolo-gated. Joseph Abat made opposition to the tableau, and claimed to be placed thereon as a mortgaged creditor of the deceased, for the amount of a judgment and costs of four hundred and fifty-eight, dollars, which he had…
1Opinion of the CourtBullard, J.
The appellee having filed an account of his administration of the estate of one Loiseau, Abat made opposition to its homologation, on the ground that he was an hypothecary creditor of the deceased, by virtue of a judgment rendered in 1827, and duly recorded with the register of mortgages, which had been omitted in the account; and he prays an amendment of the account, and that he be recognized as a creditor for the amount of said judgment.
The curator, in his answer, admitted that such a judgment had been recovered and recorded, but he avers payment in the lifetime of his intestate.
The…
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