Scovel v. Levy's Heirs

Citations

• 118 La. 982
• 43 So. 642
• 1907 La. LEXIS 835

Syllabus

<p>1. Lis Pendens — Persons Bound by Judgment-Purchasers at Foreclosure.</p> <p>The rule of law that a suit brought against tbe vendor is binding notice to the vendee is applicable to a sale under foreclosure of a mortgage, when it appears that the mortgage credit- or was made a party to the suit.</p> <p>2. Judgment — Conclusiveness — Conformity to Pleading.</p> <p>Whatever may be the doctrine of courts in other jurisdictions, this court has uniformily followed the language of the Civil Code, and insisted that, in order to constitute res judicata, the thing demanded and the object of the judgment must be the same.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 30, Judgment, §§ 1242, 1246.]</p> <p>3. Husband and Wife — Community Property-Community and Separate Debts— Priority.</p> <p>Community creditors are entitled to a priority on community property, and the rights of creditors of the spouses and purchasers of the survivor’s right of ownership are subordinated to the payment of community debts.</p> <p>4. Same — Rights of Heirs.</p> <p>Where minors inherit from their mother a paraphernal claim against the community, and their father qualifies as their tutor, the legal mortgage resulting therefrom in their favor does not absorb their claim as community creditors and alter the character of that claim from one 3ue by the community to one due by the tutor.</p> <p>M. Same — Registry oe Claim — Necessity.</p> <p>The rights which a community creditor has to be preferred in the payment of his debt out 't the proceeds of sale of community property oeing secured neither by privilege nor by mortgage, technically speaking, registry of the claim ■ks not necessary in order to enable the creditor to enforce it against third persons who have acquired rights on the property.</p> <p>(Syllabus by the Court.)</p>