St. Landry democrat., 1881-11-26
Yeamer VS.. YZnaga.
A DECISION THAT AFFECTS THE INTER-
ESTS OF ALL THE PLANTERS
IN THE STATE.


IN THE STATE.
The case of Yeamer VS.. Yznaga has
excited SO much comment that the
Democrat gives below in full the decl-
sion of the second Circuit Court OF Ap-
peals IN order that all the points at IS
sue may be fully understood:
A. S. Yeamer, administrator, VS.. "A.
Yznaga del Valle.-Appeal from the
Ninth District Court, parish OF Coneor,,
tlia.-Mayo, Judge.-George Gray dled
in the parish of Tensas on or about
September II, 1879. On November ~,
next thereafter, the plaintiff herein was
appointed by the proper court Of Ten
sas parish administrator of his estate.
1t appears from the evidence that on
or about January 1, 1879, George Gray
leased by written contract from the
defendant 100 acres of land, Of what is
known as the" "Consuelo plantation" J"
The lease was for the term OF tive
years, for which an annual rent was to
be paid of one bale Of cotton, OF 400
pounds net weight, of the first cotton
picked for every SIX acres OF the iand
leased, the cotton to be delivered at
FArgent landing. 1t appears that
during the interval between the death
Of Gray and the appointment of Yea
mer as administrator, the widow Ann
Gray took charge of the cotton and
property, and by the means furnished
through the defendant, the crop OF cot
ton planted and cultivated by. Geo.
Gray on the leased premises was gath
cred and prepared for market; that 1t
was shipped to New Orleans and sold
10y the defendant through his commls,,
sion merchant and the proceeds reduced
to possession by him.
The object of the present suit IS to
recover from the defendant this cotton
or it's proceeds, aad the other property
of the estate alleged to have been
taken possession Of by him. The ac-
count sales of the cotton, in evidence,
show there were 25 bales, which sold
for, net, S1,2O7 81, and that this cotton
and its proceeds, with about Is or ~
bushels of corn, were all that passed
into the possession of YZnaga.
At the death OF Geo. Gray, his sue
cession, in the condition it then was,
vested in his heirs, subject to the pay
ment of his debts. Had the admins
traitor at that time been appointed it
would have been his duty to have
caused the crop of cotton to be gath
cred and prepared for market. The
expenses thus incurred would have
been allowed him as part OF the neces-
sary expense of his administration. 1t
appears that the money and supplies
necessary for the picking out aud pre-
pairing the crop for market were fur
nished by the defendant (or assumed
by him), and amounted to 1895 80. AS
this expense was incurred in the preser-
vation of the cotton, without which a
considerable part of it would have
been lost, we think Mr.. Yznaga has the
unquestionable right to retain the sum
SO expended out of the price OF the
cotton In his hands. See X. G. e. 332S2S4-
5 and 6.
The administrator sets forth in his
petition that the estate of George Gray
is insolvent. That the widow, Ann
Gray, claims and has Judgment in the
court of Tensas for $1,000 secured to
her as the widow, and that as this claim
has priority of rank over all the debts,
except the vendors privilege and the
expense of selling the property, he has
the legal right to recover the assets and
property in tho hands of the defendant,
without which the said judgment can
not be paid.
I. The defendant denies the allega-
tions set forth in plaintiffs petition,
except SO far as may be admitted, and
substantially sets up the following
grounds Of defense:
1. That the petition discloses no
other creditor but the widow, and the
answer of the defendant claims that
she and the defendat are the only credi-
tors, "and there is no proof in the
record that there are any other credi-
tors a..f,
2. That the defendant. as lessor, was
entitled to 16s bales of cotton for the
rent, for which he had lien, privilege
and pledge as lessor on the crop, and
also privilege to the amount of his
account as furnisher of necessary
supplies.
s. That soon after the death of Geo.
Gray his widow, Ann Gray, took pos
session of his whole succession, and
assumed in writing the payment of the
debts OF her husband to defendant,
mules, ETC., to pay. him and Yeamer.
claiming the cotton, and that the plain
tiff, being person interposed and act
ing for her, cannot claim for her what
she could not recover for herself.
We will consider the points made in
the order above set forth.
I. The evidence discloses three'claims
against the estate, one in favor of the
defendant for 16s bales of cotton for
rent, and a claim for supplies before
and since the death eff George Gray to
the amount Of $652 As. One in favor
of the widow for $1,000, and one in
favor of A. S. Yeamer, the amount of
which is not shown by the record.
The sum of the claims as shown by
the record exceeds the amount Of the
inventory, and renders it probable that
the estate is insolvent.
III. The defendant has clearly estab-
lished his pledge and privilege as les
sor on the cotton and corn raised on the