Succession of Moise

Citations

• 107 La. 717

Syllabus

<p>Syllabus.</p> <p>1. The administratrix had authority to employ an attorney to defend a suit brought against the succession she represented The amount of the fee is fixed and the privilege for its collection is recognized.</p> <p>2. All the parties admitted that the fee of the notary contested was due in such a manner as to lead to the unavoidable conclusion that it was admitted as carried on the account of the administratfix.</p> <p>3. “Provisions” to be secured by a privilege must consist of supplies made to the debtor or his family by retail dealers of provisions during the last six months.</p> <p>4. A receipt showing payment in full of a judgment against a succession and subrogating the one by whom it was paid creates a prima facie presumption of a right which was not rebutted.</p> <p>5. A claim for the reimbursement of amounts which were entirely in the nature of a personal obligation of the debtor is only subject to the prescription of ten years.</p> <p>6. Pacts and corroborating circumstances with the testimony of one witness sustain the claim of one of the creditors of the succession.</p> <p>7. An account, after the legal delays, may be homologated so far as not opposed, and the amounts claimed limited to the oppositions filed. Cross on Succes sions, p. 480.</p> <p>8. The administratrix having acknowledged the claim of a creditor carried on her account, to the correctness of which she swore, and other corroborating cir cumstances and the evidence of one witness, were sufficient to sustain a claim for more than $500.00.</p> <p>9. An annuity was originally rightly credited and the judgment is amended only to the extent necessary to reinstate the claim, as that is all that is claimed under the pleadings.</p> <p>10. Books of amounts received may be taken as proof against him who has written them.</p> <p>11. The administratrix, in settling with one of the creditors, under the circumstances of this case, may invoke compensation against his claim, in case it appe