Scovell v. Heirs of Levy

Citations

• 106 La. 118

Syllabus

<p>Syllabus.</p> <p>1. A mortgagee has the right to executory process upon the property of an insolvent. Statute 15 of 1894.</p> <p>2. The substitution of a special to a general mortgage and a partition of the property left the minors without interest in the property and without right to a collateral attack upon the release of the mortgage, or upon the partition.</p> <p>3. The error of father and tutor, if any error has been committed, cannot equitably be corrected at the expense of innocent third persons.</p> <p>4. Minors, as well as majors, cannot claim a right upon the property disposed of in a partition which has not been reserved, as long as the proceedings are not attacked in a direct action. The record kept by competent authority has great force when innocent third persons are concerned.</p> <p>5. In establishing the residuum of the community, that is, its assets, after having deducted the debts from the active mass, only debts of the community are to be deducted, and not debts that have been secured by special mortgage in favor of minors in proceedings instituted to that end.</p>