Lehman, Abraham & Co. v. Worley
Supreme Court of Louisiana
A PPEAL from the Sixth District'Court, Parish of Morehouse. AjL Bilis, J. 1. 'When a succession owes debts and there is no cash with which to pay them, it is proper for the administrator to present a list of allowed debts to the Court and obtain an order to sell property to pay debts. 15 Ann. 641; 28 Ann. 296, 633; 33 Ann. 344 ; 33 Ann. 466 ; C. C. 1668, 1670. 5. Money being scarce, or the market being dull, is no legal reason why a sale of succession property to pay debts…
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A PPEAL from the Sixth District'Court, Parish of Morehouse. AjL Bilis, J. 1. 'When a succession owes debts and there is no cash with which to pay them, it is proper for the administrator to present a list of allowed debts to the Court and obtain an order to sell property to pay debts. 15 Ann. 641; 28 Ann. 296, 633; 33 Ann. 344 ; 33 Ann. 466 ; C. C. 1668, 1670. 5. Money being scarce, or the market being dull, is no legal reason why a sale of succession property to pay debts should be enjoined by a residuary heir'; the sale must bo made when the necessity for it occurs, regardless of the…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The defendant, administrator of the succession of T. C. Worley, alleging that the succession owed debts of large amount, a full statement of which he embodied in his petition, and that the sale of the property, movable and immovable, was necessary in order to pay them, applied for and obtained an order of court for such sale.
Subsequently, and while the advertisement of said sale was pending, he filed a provisional account of his administration to date, and ap*621pended thereto a tableau of the debts due by the succession corresponding to the…
2Cited by1 opinion
- Succession of BarrySupreme Court of Louisiana · 1912