Chaffe v. Oliver
Supreme Court of Louisiana
APPEAL from the Eifth District Court, parish 'of Bichland. Gunbyy judge ad hoc. Testimony before the clerk is subject to such objections as may be made at the taking thereof, and also subject to such other objections as may he mad© to the introduction thereof on the trial.
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APPEAL from the Eifth District Court, parish 'of Bichland. Gunbyy judge ad hoc. Testimony before the clerk is subject to such objections as may be made at the taking thereof, and also subject to such other objections as may he mad© to the introduction thereof on the trial. R. R. S. § 491. The administrator of an estate represents the creditor as their trustee. 2 An. 923; 4 An. 169; 21 An. 149. To set aside an alleged illegal contract, the administrator (or creditor) must allege and prove that said contract was in fraud of and to the injury of the creditor. R. O. C. 1878; 11 Rob. 494; 2 Rob.…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Plaintiffs sue the defendant, as administrator of his deceased wife, Mrs. S. J. Oliver, upon two notes, secured by mortgage and vendor’s privilege upon immovable property belonging to her estate.
Defendant, admitting the signature arnjl execution of the notes by the deceased, opposes the demand upon allegations covering, substantially, the following facts:
Oliver and his wife were separate in property; and-each had separate accounts with the New Orleans firm of I. W. Arthur & Oo., Oliver being in 1871, a debtor of that firm, and his wife a…
2Cited by5 opinions
- Chaffe v. Minden Lumber Co.Supreme Court of Louisiana · 1907
- Caldwell v. TrezevantSupreme Court of Louisiana · 1904
- Bordelon v. S. Gumbel & Co.Supreme Court of Louisiana · 1907
- Hamilton v. MooreSupreme Court of Louisiana · 1914
- Marchand v. GriffonSupreme Court of the United States · 1891