Succession of Lanaux
Supreme Court of Louisiana
APPEAL from the Oivil District Oourt, Parish of Orleans. King, J. This is a contest over an account of distribution presented by the executor of this succession. Among the princ pal creditors of this succession are Widow F. E. Tassin, Denis Lanaux, Joseph R. Hymel, and the heirs of Seraphin Hymel and of Octave Hymel. They had been placed upon said account as privileged creditors whose claims were secured by pledge of stocks and notes.
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APPEAL from the Oivil District Oourt, Parish of Orleans. King, J. This is a contest over an account of distribution presented by the executor of this succession. Among the princ pal creditors of this succession are Widow F. E. Tassin, Denis Lanaux, Joseph R. Hymel, and the heirs of Seraphin Hymel and of Octave Hymel. They had been placed upon said account as privileged creditors whose claims were secured by pledge of stocks and notes. Their right to a pledge and preference was opposed by several creditors. The court below denied their privilege. From this judgment they have appealed.…
1Opinion
On Application for Rehearing.
The opinion of the court was delivered by
Miller, J.
The question in this case is whether the appellants, the Successions of Seraphin Hymel, of Octave Hymel, Joseph R. Hymel, Mrs. Florian E. Tassin and Denis Lanaux, are pledge creditors of the late Pierre Lanaux. The account of the executor of the deceased recognized the pledges, and from the judgment of the lower court maintaining the oppositions of ordinary creditors of the deceased, and adjudging that the appellants were not pledge creditors, they prosecute this appeal. The case has been elaborately argued in the…
2Cases cited2 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Slidell v. PritchardSupreme Court of Louisiana · 1843