Kremp v. Dorsey

Citations

• 12 Teiss. 266
• 1915 La. App. LEXIS 44

Syllabus

<p>Syllabus.</p> <p>When executory process issues on a vendor’s lien note signed by a married woman, she has no right to enjoin the writ on the ground that it is not her debt, as it is a suit in rem and does not involve the question of her liability.</p> <p>An administratrix has no right to enjoin executory process against a succession on the ground that there are privileged creditors. It is for the creditors to protect themselves in the- manner provided by law.</p> <p>The holder of a mortgage note may issue executory process notwithstanding the death of the mortgagor.</p> <p>The sale and re-sale made by a building or homestead association confers the vendor’s privilege which is superior to the claim of the widow and minor heirs in necessitous circumstances.</p> <p>A corporation organized under Act 115 of 1888 is a homestead company.</p> <p>Under both the commercial law and the .Civil Code the maker of a note is discharged by a payment made to the holder of the note. ■</p> <p>The converse of the proposition is equally true that no valid payment on account of a note can be made to one not the holder of the note, whether the holder acquired it before or after maturity.</p>