Succession of Haile

Citations

• 52 La. Ann. 1529

Syllabus

<p>Syllabus.</p> <p>Tlxe mortgage creditor who had undertaken to foreclose his mortgage filed a rule to set aside the probate order obtained by the administratrix to have the mortgaged property sold to pay the debts of the succession. The administratrix joined issue. The rule was decided on the day the property was offered for sale under the order of the Probate Court.</p> <p>The mortgage creditor did not move for an appeal, take out an injunction or do anything to have Ills right recognized as a seizing creditor. On the contrary, he bid in the property offered under the probate order, and, thereby, abandoned his rights under his order of foreclosure.</p> <p>Held : That the property mortgaged was properly assessed for the costs, including the commission of the administratrix and the fee of her counsel as fixed by the court on appeal.</p>