Rodrique v. Barthelmy

Citations

• 10 Teiss. 253
• 1913 La. App. LEXIS 73

Syllabus

<p>Syllabus.</p> <p>1. . A proceeding is not revocatory in character .which does not seek to annul but merely to restrict the legal effect of the acts complained of.</p> <p>2. A sale and re-sale between a debtor and his creditor, intended merely as a security for the debt is in legal 'effect a conventional mortgage and does not give rise to the vendor’s privilege.</p> <p>3. Where a creditor partly on open account, and partly on a mortgage note, receives from his debtor a new mortgage note for the aggregate indebtedness and cancels of record the old note and its security, the latter will be héld’ to be novated in the absence of proof of1 a contrary intention'.</p> <p>4. The claim of the widow in necessitous circumstances under R. C. C., 3252, rests at the date of the husband’s death and her rights must be tested with reference to conditions then existing.</p>