The New Orleans daily Democrat., 1879-01-23

Judge Tissot rendered the following importan
decision yesterday:
This contest is between Daniel A. Wilson,
public administrator OF the parish OF Orleans,
app applying 8 for the administrator oi the success
and Julia g. Freeman. the widow OF the de.
ceased. admipfstratrix OF his estate, duly ap-
eoany d p a9 Ifs1s & soY 81 10 snd for the
The public administrator ac's herein at the
instance OF creditor OF the deceased, residing
In tennessee. who has called upon him to ad..
Freeman found here. The debt was created in
Tennessee. and by the contract in which Il orig
property now here. The prope ~ was In In Ar. Ar
kansas at the time OF Freeman's death. and has
been sent here by his widow and adminisfratrix
county Arkansas since the death q OFF 81 ee
THO admintstratrfx. of her own volition, sent
that property, two hundred and ten bales OF cot
By the laws OF Louis ana the rights of the
creditors Of q deceased person are fixed at the
moment OF the debtors death. Nothing. no act
any other, Subsequent to the death of Of Il that al
debtor. There Is no doubt that the property oi
person and OF an estate are pledged for the
creditor may reside. But that Is the property
situated within the territorial limits Of the STATE
at TIE ,d death ti Of the debtor.
property was within the jurisdiction of this
court; IL was all at his last domicile Hence his
succession gould not be opened here. before this
erly opened In Arkansas. And his widow was
properly appointed there as the administratrix
Oh nis estate After her qualification as eueh
ana ner reduction OF the property of the estate
70 her possession. she sends part OF the prop
cry OF the succession. the 80 bales OF cotton
aforementioned. 10 New Orleans. as the best
market for It's disposal and conversion into
cash. to be distributed By her before the con n
from which she derived her trust. Can this
properly 5e subjected to an administration In
1Q1S cOurtf We mt eatipd n To- Aotor
whether or not this can be done at the renues,
OF Louisiana creditors. for there are none here
put at the instance OF foreign creditor.
had the debtor been alive, says the counsel
for the public administrator. he could have at.
tached and held the property for the secnrisy
OF MS debt. whether the creditor be citizen 81
eur state or stranger. but should the debtor be
dead an attachment will not lie against the
executor OF the deceased. The CT. ditor must
Ing 70 law and he quotes / Rumen, page I2o
:, The first. part Of this proposition is correct
tne second Is only relatively so, 1t would be
epSarect II the property were here at ths time Of
tennessee debtor found here was brought n
before stated. within the Jurisdiction Il this
court Dy the eadministrarrix voluntarily. for fhe
purpose OF selling 1t to the best possible adyan
.aee IL does not seem to have been conveyed
nessee Creditor. And III 1t was the Arkansas
court Is open to him against the admfDistrafri,
ana ner surettes for any damages She NAV havs
innieted upon him BY her acts.
a., do 10 NOT 9elieve fhat foreign administrator
ean % sued mere. nor that the properly which
ne mas received abroad In virtue of his letter.
OF administration can be subjected TO anv ad
mInlslrat1on mere. Mr.. Justice Story puts this
very case. IN his Conflict OF Law, sec. sI4:
Ioreien administrator brings or trans.