Milliken v. Barrow
U.S. Circuit Court for the District of Eastern Louisiana
In Equity. Motion by A. D. Barrow, syndic, intervener, in an action by B. Milliken against O. J. Barrow, for an injunction restraining the marshal from enforcing executory process against the property of the defendant, an insolvent.
1Opinion of the Court
BILLIhTGS, District Judge.
This case arises as follows: On January 26, 1893, the defendant, 0. J. Barrow, made a surrender to his creditors under the insolvent laws of Louisiana, which was on that day accepted, and on January 31st a provisional syndic was appointed. On January 31, 1893, the complainant, B. Milliken, who held a mortgage which was executed by tbe defendant, 0. J. Barrow, upon certain real estate, — the mortgage containing the clause de non alienando, — issued what is known as “executory process” in this court. The syndic had not taken possession of the mortgaged property, and…
2Cases cited7 opinions
- Peale v. PhippsSupreme Court of the United States · 1853
- Tua v. CarriereSupreme Court of the United States · 1886
- President of the Bank of Tennessee v. HornSupreme Court of the United States · 1855
- Geilinger v. PhilippiSupreme Court of the United States · 1890
- Orr v. LissoSupreme Court of Louisiana · 1881
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