Pietri v. Wells

Citations

• 12 Teiss. 250
• 1915 La. App. LEXIS 39

Syllabus

<p>1. As between those who are parties to the appeal as co-appellees there can be no amendment of the judgment.</p> <p>2. The privilege of the vendor of an immovable primes the legal mortgage of the wife securing the restitution of her dowry.</p> <p>3. A trustee in bankruptcy succeeds to no greater rights with respect to the bankrupt’s property than the latter himself possessed.</p> <p>4. Where prior to the adjudication in bankruptcy, the State Court acquires jurisdiction of the parties and possession of certain property of the bankrupt for the purpose of enforcing by judicial sale^one of sundry privileges and mortgages bearing upon the property, and which are not voidable under the bankruptcy law nor subject to invalidation by the reason of the adjudication, the jurisdiction of the State Court, thus acquired, extends to satisfying as far as possiblé out of the proceeds of the sale of the property, not only the privilege in aid of which ‘its process was invoked, but also those other privileges and niortgages bearing upon the property,.whether superior or inferior to the former, and the lien of which is divested by the effect of the sale.</p>