Dobard v. Bayhi
Supreme Court of Louisiana
APPEAL from tlie Twenty-fourth District Court, Parish of Plaque-mines. Livaudais, J. 1.Where the debtor is insolvent and the property sold the only asset out of which previous judicial mortgages can he paid, they must he satisfied out of the proceeds according to the date of their registry.
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APPEAL from tlie Twenty-fourth District Court, Parish of Plaque-mines. Livaudais, J. 1.Where the debtor is insolvent and the property sold the only asset out of which previous judicial mortgages can he paid, they must he satisfied out of the proceeds according to the date of their registry. Rev. C. C. 3322. Qid prior est tempore, potior est jure. 7 A. 344; C.P. 301, 403. 2.A third opposition is the proper proceeding for a judicial mortgage creditor to assert his privilege where his debtor is insolvent. Pulton vs. Pulton, 7 R. 73. 3.A sheriff, ordered by the court to retain in his hands out of…
1Opinion of the Court
The opinion of the Court was delivered by
Manning-, J.
Luc Dobard had executions issued upon several judgments, obtained against tlie defendant Bayhi, which were levied upon *135Ms property, and advertisement made of its sale. Shakspeare, Smitli & Co. were also judgment creditors of Bayhi with the advantage of a registry of their judgments prior to the plaintiff’s, and they filed their third opposition Before the sale, asserting their superior lien, and praying that the sheriff he ordered to retain in his hands out of the proceeds of sale §1625, the amount of their claim. The sheriff sold the…
2Cases cited3 opinions
- Walker v. AllenSupreme Court of Louisiana · 1841
- Stoute v. VoorhiesSupreme Court of Louisiana · 1832
- Gallier v. GarciaSupreme Court of Louisiana · 1842
3Cited by4 opinions
- Dunlap v. WhitmerSupreme Court of Louisiana · 1913
- Milliken v. BarrowU.S. Circuit Court for the District of Eastern Louisiana · 1895
- Roussell v. HughesSupreme Court of Louisiana · 1925
- Penn Liberty Oil Co. v. Crescent Magnolia Planting & Mfg. Co.Louisiana Court of Appeal · 1931