Trezevant v. Levy's Heirs

Citations

• 114 La. 867
• 38 So. 589
• 1905 La. LEXIS 559

Syllabus

<p>INSOLVENCY — MORTGAGE—ENFORCEMENT— REINSCRIPTION.</p> <p>1. Where real estate which is mortgaged is included among that included in a cessio bonorum, the mortgage creditor is authorized, under Act No. 15, p. 12, of 1894, to enforce his mortgage by executory process contradictorily with the syndic of the insolvency. The latter, as defendant, has the legal capacity on behalf of the mass of the creditors to urge all defenses which the situation calls for.</p> <p>2. Where at the time of the cessio bonorum the mortgage is properly inscribed, there is no necessity for reinscription, under article 3369 of the Civil Code. The jurisprudence on that subject was not altered by the enactment of Act No. 15, p. 12, of 1894.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>