Scheen v. Chaffe
Supreme Court of Louisiana
PPEAL from tbe Tenth District Court, Parish of Red River. Logan, J. 1. A creditor of the insolvent, with the right of mortgage upon the property surrendered, not upon the schodule, may sue tlie syndic to be placed upon tlio schedule with his debt and mortgage.
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PPEAL from tbe Tenth District Court, Parish of Red River. Logan, J. 1. A creditor of the insolvent, with the right of mortgage upon the property surrendered, not upon the schodule, may sue tlie syndic to be placed upon tlio schedule with his debt and mortgage. Revised Statutes, sec. 1811; 1 L. 172. 2. The syndic cannot plead want of registry of the mortgage in such a case, because it is only upon a tableau of distribution that the validity, rant and effect of mortgages and privileges can be finally settled, and tbat among the creditors themselves. 14 L. 250; 2 A. 451; 4A.195; 14 A. 221; 9 R.…
1Opinion of the Court
The opinion, of the Court was delivered by
Todd, J.
The plaintiff sues her husband, J. H. Scheen, for a separation of property, and the husband, before the institution of the suit having made a surrender of his property under the insolvent laws of' the State, she joins his syndic as co-defendant in the action and asks judgment against him for a large amount on account of her parapher-nal funds, alleged to have been used by her husband, and also, for a recognition of her legal mortgage and to have her claim thus established, placed upon the schedule of his debts.
From a judgment in accordance…
2Cases cited1 opinion
- Haverly v. State LineSupreme Court of Pennsylvania · 1889
3Cited by2 opinions
- Bradley v. ClaflinSupreme Court of the United States · 1889
- In re HortonDistrict Court, W.D. Louisiana · 1928