Patorno v. Villio

Citations

• 9 Teiss. 104
• 1912 La. App. LEXIS 4

Syllabus

<p>1. It'is of the essence of estoppel that the position first assumed by the- person against whom the estoppel is pleaded should be wholly inconsistent with the position which he afterwards seeks to take,</p> <p>2. When a note is given in settlement of a judgment there is no novation, so that the privilege granted by law to an attorney for his fee continues unimpaired and, by a natural consequence, attaches to the note which merely represents such judgment and not a new debt. ■ . ■</p> <p>3. Under the Bankrupt Act of' 1898, the bankruptcy proceedings affect only such incumbrances as the debtor himself has placed upon his property within four months prior thereto and those created by judicial process within that time, but not such Hens and privileges as are granted by law independently of any act of either debtor or creditor. On the contrary the bankruptcy act distinctly recognizes and preserves all such privileges.</p> <p>4. Under the Bankruptcy Act the trustee is vested with title to such property only as the bankrupt himself might have transferred, or as might have been seized and sold under judicial process against him; hence such trustee takes title to the property of the bankrupt subject to all valid claims of third persons thereon, including the right to retain possession of the property where such possession is lawful and necessary for the enforcement of such claim.</p>