Legal Opinion

Smalley v. His Creditors

Supreme Court of Louisiana

Decided April 15, 1848Published

APPEAL from the District Court of-Concordia,-Barry, J. cited C. -P. 988, 989. Stat. of 1836, B. and C.’s Dig. p. 495, s. 2. C. C.2173. 2 Lá. 354. cited C. C. 2171. 3 La. ,158. 9 La. 266.11 La. 41-2. 12 La. 404, 594.

1Opinion of the Court

The judgment of the court was pronounced by

Kino, J.

The firm of PerMns, Hopkins and White have appealed from a judgment homologating a tableau of dislribution, presented by the syndic of Smalley, a ceding debtor. ' They complain that the judgment is erroneous: '.1st* Because it allows interest on the claims of the creditors bearing interest, up to the 1st of February, 1844, the date of the sale.,of the insolvent’s property, instead of the 18th February, 1841, the date of the acceptance of the surrender, 2d. Because the claim of Samuel Cotton is allowed as a judicial mortgage, whereas, it is…

2Cases cited2 opinions

  1. Hagan v. SompeyracSupreme Court of Louisiana · 1831
  2. Lawrence v. BowmanSupreme Court of Louisiana · 1843

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