Succession of Viard

Citations

• 106 La. 73

Syllabus

<p>Syllabus.</p> <p>1. The Recorder of Mortgages, in case of serious doubt, bas the right to compel parties to resort to the courts in order to have it judicially determined whether or not a mortgage should be cancelled.</p> <p>2. In all judicial partitions by licitation, the mortgages, liens, and privileges of the parties to the partition shall, by order of court, be transferred to the proceeds.' ' ■</p> <p>3. The same rule holds when a partition is made by private sale. .</p> <p>4. The proceeds of the sale are to be deposited in the registry of the court and are to be reinvested under the court’s order.</p>