J. P. Hudson & Sons v. Uncle Sam Planting & Manufacturing Co.

Citations

• 12 Teiss. 97

Syllabus

<p>Syllabus.</p> <p>Where a suit is filed against a corporation in the hands of a receiver and a money judgment is given plaintiff with recognition of privilege on property in the hands of the receiver, ordering him to sell said property in the manner provided by law, and to apply the proceeds to the payment of plain*tiff’s claim, and to place plaintiff on his account in due course of administration for any balance remaining unpaid, such judgment cannot be executed by a fieri facias and' the receiver may appeal suspensively therefrom on a bond for costs.</p> <p>Syllabus.</p> <p>1. A vendor’s privilege continues to subsist notwithstanding a sale and transfer of the property by his vendee, where the subsequent purchaser knew at the time of his acquisition • that the price of the original sale had not been paid.</p> <p>2. Attorney’s fees stipulated to be recovered in the event of suit upon a note given for the purchase price of property are no part of the price and consequently are not secured by the vendor’s privilege.</p> <p>3. The unpaid vendor of mules used in the cultivation of a plantation is entitled to have them forthwith sold in order that his privilege might be satisfied from the proceeds. And this right is neither barred nor suspended by the fact that the plantation is in the possession of a receiver.</p> <p>4. While in certain cases a creditor who has a privilege upon property in the possession of a receiver, is entitled to an order for the immediate sale of the property, still the proceeds of the sale should not be distributed except upon an account filed by tlie receiver and duly homologated after the receiver and the creditors of the estate have been afforded an opportunity to present their claims and assert their privileges against the fund.</p>