St. Landry democrat., 1881-11-26

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to the amount of 1895 80 for the pur-
pose Of picking out the cotton and pre-
pairing it for market. There is no ques-
tion but the law accords to the lessor
both privilege and a pledge upon the
crop, and under ordinary circumstances
the right to hold and possess it until
paid. r. G. G. 3,21S. There are, how
ever, privileges of higher order than
that of a lessor. BY article r. C. c.
1884, it is declared: The thousand
dollars secured by law to the widow, or
minor children, as set forth in article
1888, so all be paid in preference to all
other debts, except those Of the ven
doris privilege and expenses in selling
the property. This claim outranks the
landlords privilege on movable effects;
26 An. 1865 q An. $50; 80 An. 414. (25 A.
43e 81 A. 429.)
When property subject to conflicting
claims and privileges is found in sue
cession it must Of necessity be sold,
and the conflicting rights which attach
to the price must be determined and
adjudged on rendition of account OF
tableau of distribution in the court
where the succession has been opened.
In the case before us the cotton seems
to have been sold and reduced to cash
by the defendant. This course, al
though Irregular, is not complained of
by the plaintiff and we presume was
honestly adopted. So far from being
detrimental, it was, no doubt, beneficial
to the estate.
There are, besides the widows claim,
the burial expenses and costs of admi
nistration, which in cases of insolvent
SUGGESTIONS, in the absence of other
property, must be paid in preference to
the lessor's pledge and privilege.
III. II the widow, on the death of her
husband, took possession of his estate
and assumed in writing the payment Of
the debts, or if she transferred to the
defendant the cotton and mules to pay
defendant and leamer, that is a mat
ter between the individuals concerned,
and is foreign to this inquiry.
". We do not understand how an
administrator can be estopped from re-
covering the property of the estate by
combining with one OF its creditors
from recovering property which has
been placed on the inventory as belong
ing thereto. We, however, have been
unable to find evidence Of any illegal
or fraudulent combination. The de-
fendant's counsel say it is shown in
plaintiffs petition. All we find il the
petition, from which the defendants
ence, is that the widow has recovered
Judgment for 81 900, with the privilege
accorded by law, and that the property
in the hands OF the defendant is the
sole property available for its payment.
The plaintiffs counsel contends that
it would be no better than robbery to
compel the defendant to give up his
pledge for rent to enrich the widow,
whose husband had nothing at the
commencement of the lease, and it the
81 900 claim be given her, it will be a
forcible taking of his property without
his consent, under color of law, to give
it to another. We must confess the
charge is forcibly put, but If true we
are not the makers of the laws and
must execute as we find them. We are
not, however, called upon in the present
suit to determine the conflicting rights
of the parties. This, as we have said
before, appertains to the court wherein
the succession is being administered.
We conclude that the price OF the "a
bales of cotton belonging to the success
sion and the price of 10 bushels OF corn,
at so cents per bushel, belong to the
succession of George Gray, and the
amount 81 ,2O7 81, less 1895 80, expenses
incurred in gathering and preparing
the crop for market, as before stated, |,
must Of necessity be restored to the
succession of George Gray, but only at
such time and to such extent as may be
determined by the court wherein the
succession has been opened according a
superior lien, pledge, privilege OF
preference to some other person or
persons.
1t is for the reasons stated, adjudged
and decreed, that the Judgment ap,,
pealed from be and the same is avoided
and reversed, and it is now, ordered,
adjudged and decreed that the defen-
dant. a. Yznaga del Vale, pay over to
the plaintiff S1,217 II, being the net
proceeds of the cotton ($1,207 61,) and
value Of the corn $50 50) in his hands
belonging to the succession OF George
GRAY. deceased, less 1896 80 advanced
for pseserving the cotton crop. This
Judgment to be exigible at such time
and to such extent only as may be
necessary to carry into effect any final
decree that may be rendered in the
courts Of the parish Of Tensas on rendi-
tion of an account or tableau of distri-
/ hntion. whereby some other person is
awarded a superior right to the funds,
or a portion thereof, to that awarded
i to said defendant "a. Yznaga del Vile
Snch decree shall be filed in this case
before execution can be issued thereon.
It is further decreed that the appellee
pay costs in both courts.
O. MAYO,
i w. w. FARMER,
i Circuit Judges Second Circuit Court
i Signed July ~, 1881.
i NoTE.-In the petition the property
sued for was estimated at $l,OOO: Ine
q first three decisions referred to in the
opinion were alone quoted therein.
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