Borah & Landen v. O'Niell

Citations

• 121 La. 733
• 46 So. 788
• 1908 La. LEXIS 744

Syllabus

<p>1. Appeal and Error — Suspensive Appeal-Operation and Eefect.</p> <p>The time and conditions within and upon which a suspensive appeal may be taken from an order of seizure and sale are regulated by Oode Prac. art. 575, considered in connection with Code Prac. art. 735, and such appeal, taken within the legal delay, operates to vacate and avoid any writ, and any seizure thereunder, which may have been prematurely issued and made, by virtue of the order appealed from.</p> <p>2. Partnership — Dissolution.</p> <p>Where the interest of a member of a co-partnership (organized for its cultivation) in a plantation owned jointly by the members is seized, under executory process, at the instance of another member, to enforce payment of an individual debt, and a suspensive appeal is taken from the order of seizure, such appeal operates to vacate and avoid the writ and the seizure thereunder, and the seizure does not, ipso facto, dissolve the partnership.</p> <p>3. Same — Settlement and Accounting — Advances — Interest.</p> <p>Amounts due for advances, overdrafts, and undivided profits are mere items in a partnership account, for which, in the absence of special agreement, interest will not usually be allowed, save upon and from a final liquidation and settlement.</p> <p>4. Same — Attorney’s Fees on Firm Note.</p> <p>A partner, who, without suit, pays with accrued interest a note executed by his firm, and containing a stipulation for attorney’s fees, in case of suit, has no right, in the settlement of the partnership, though it be settled by suit, to recover such attorney’s fees.</p> <p>5. Mortgages — Property Mortgaged.</p> <p>Three persons having acquired a going plantation, with mules, implements, etc., thereon, and mortgaged it for part of the price, and whilst cultivating the same, in partnership, having replenished the supply of mules, feed, and implements, needed for its service. Held that, for the purposes of such mortgage and the sale in foreclosure thereof, the mu