Schall v. Kinsella

Citations

• 117 La. 687
• 42 So. 221
• 1906 La. LEXIS 752

Syllabus

<p>1. Landlord and Tenant — Lien for Rent.</p> <p>Where a lessor sues his tenant for one month’s rent due him under a lease, and simultaneously seizes movables on the leased premises under the conservatory writ of provisional seizuro, the privilege which secures in favor of the lessor payment of his rent does not spring from the seizure, but is a lien granted as of the date of the lease by the law itself.</p> <p>2. Bankruptcy — Adjudication—Effect on Landlord’s Lien.</p> <p>Where, pending such a suit and its ancillary seizure, the defendant before judgment is adjudicated a voluntary bankrupt in the bankrupt court, the effect of the adjudication is not ipso facto to abate the suit and release the seizure.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 6, Bankruptcy, § 290.]</p> <p>3. Same — Seizure by Landlord —Intervention by Trustee.</p> <p>Where under such existing conditions the trustee makes himself a party to the suit and joins defendant in the defense by intervention, he cannot insist that the suit should be immediately dismissed, and the entire property seized should be turned over to him. The suit should be carried on contradictorily with himself until the rights of parties are finally adjudicated upon by the court. Should judgment be rendered in favor of plaintiff with recognition of the lessor’s privilege, the property seized should be sold, and the plaintiff’s debt and costs paid out of the proceeds; the residue of the proceeds being turned over to the trustee.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 6, Bankruptcy, §§ 320-333.]</p> <p>(Syllabus by the Court.)</p>