The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1877-07-27
SUPREME couRT DECISIONS.

position of heirs to final account.-An
opposition to an account IL not the form
OF action to be pursued to annul . pur-
chase by one who is said to be an in
terposed person whose purchase Is for
the benefit of an administrators who
cannot purchase. Judgment reversed,
opposition sustained, and right reserv-
ed to heirs to institute an action Of null
lily Of sale made by administrator.
[NoTE.-In the above syllabus last
week, the word not in the third line
was inadvertently omitted, which,
changed entirely the meaning OF the
Court. go '.''-,'.''
CHIEF JUSTICE MANNING.
Succession of q. l.. b. Bofenschen ;
an opposition to final account.-The
money and What? ON policy of life
insurance I'm favor of the wife and chill
dren forms no part of the community
and cannot be used to pay community
debts. An Administrator is required
to prove every item Of his account un-
der a general opposition. A foreign
creditor who trans,,cts business under
the name and firm of ttand Company
or tsand Coz and who alone cornposes
the firm, does not fall within the pro-
hibition Of the law Of Louisiana ON the
subject, and may seek relief in the
courts Of Louisiana. A creditor loses
his vendors privilege when the proper
~ is sold confusedly with a mass OF
other things and the proceeds become
untlistinguishable from the others.
Privileges must be recorded to affect
third persons. Judgment affirmed.
Julius LissO vs.. Parish of Red River.
The Act of the General Assembly oI
18th, March, 1872, authorizing the Police
Jury OF Red River parish TO issue
bonds, to build Court house contem-
plates ttsOme action ON the Police Jury,
ordering that the bonds shall he issued,
fixing the denominations" This was
not done, the bonds had no existence.
Police Juries can exercise no powers
except such as specially conferred, and
it is a fundamental principle. that cali
persons contracting with a municipal
corporation, must at their peril, inquire
into tho power Of its officers to make
the contract and u contract beyond
the scope of the corporate power is
void" Judgment affirmed. .,...
w. Q. Wamsley vs.. j. A. Huntere ct
al.-Judgment reversed, defendant to
have Judgment upon the notes, and
their rights to sue for damages reserv-
ell.
Mechanics Building Association VS..
e. l.. Ferguson J. u. Pugh, third OPP
ponent. The holder or pledgcc before
maturity OF u negotiable promissory
note as collateral security is entitled, to
the extent Of his debt, to all the rights
OF n bona fide holder for value, and is
for all practical purposes the owner Of
the obligation" .'The assignment Of a
debt by whatever form OF transfer car
ries with it any bill or note by which
il is secured and such transfer carries
with it all securities for its payment,
whether mortgage or otherwise The
erasure or cancellation Of IL mortgage
by Recorder will not bind the mort
gagee when done without his knOwl-
edge, and he may enforce his rights.
Judgment reversed ; ordered that Pugh,
third opponent, be paid by preference.
August Bernheim & Co. vs.. Thomas
KeIly.-Property was adjudicated to
defendant under Il sale on twelve
months credit he refused to comply
with his bid a bond was rendered to
him for signature; in conversations
after the adjudication he admitted and
also denied the purchase he was sued
to compel Il specific performance, or to
pay damages equal to plaintiffs de-
mand. Held, his conduct amounted
to a ratification of the sale. Judgment
affirmed.
r. b. Burns vs.. A. II. Van Loan ct
al. J. l.. Hargrove vs.. Rufus Stanley
ct al.-Consolidated.- sale of proper
ty under order OF the Probate Court can
only be made after II mans death; Il |
sale made before, on such superstition,
is an absolute nullity. 1t the absentee
leaves property in the State, and has
appointed no person to take charge of |
it, the Judge shall appoint a curator to
administer it. No administration il