Moore v. Louaillier
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES OF THE PARISH OF ST. LANDRY. This case arose on the opposition of several creditors to the homologation of the tableau of distribution of the estate of M. Collins, deceased. On the 20th of October, 1828, William Moore, administrator of M. Collins’ estate, filed his tableau in the court of probates, and prayed for its homologation.
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APPEAL FROM THE COURT OF PROBATES OF THE PARISH OF ST. LANDRY. This case arose on the opposition of several creditors to the homologation of the tableau of distribution of the estate of M. Collins, deceased. On the 20th of October, 1828, William Moore, administrator of M. Collins’ estate, filed his tableau in the court of probates, and prayed for its homologation. Joseph Andrus made opposition, on the ground that he was placed on the tableau as an ordinary creditor, when he should have been allowed the benefit of the vender’s privilege on the proceeds of a tract of land, sold by Jesse An-drus…
1Opinion of the CourtMartin, J.
The administrator complains of the judgment of the court of probates sustaining the oppositions of Andrus, and Lou-allier .to the tableau of distribution.
A mortgage cannot be shewn to exist by parol testimony. But the right to a mortgage, resulting from the transfer of a claim, to which a mortgage is attached, may be proved by parol evidence. The law requires a notary to make a memorandum at the foot of a note given for the payment of a sum, secured by a mortgage; but it does not require him to certifv the transfer of such note, or any one which is given in renewal of the original note.
Andrus,…
2Cited by2 opinions
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