The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1888-06-23

and conditions of sale. Mortgaged and
privileged creditors are not bound by
the decision of the majority of other
creditors, whether they desire the
property effected with their liens to be
sold for cash or on terms OF credit in
satisfaction thereof. Privileges must
be ascertained and settled contradic-
torily with all the creditors. Creditors
cannot litigate their demands separate
ly against the syndic, or in an opposi-
ton to the appointment OF u syndic."
Judgment amended and as amended
affirmed.
Succession OF T. G. WorIey, opposi-
ton to provisional account.-Appeal
from Morehouse.
"In case a deceased person leaves
amongst his assetsa plan tsti0n on which
there is growing crop at the time of
his death, his heirs may prosecute the
cultivation thereof and incur the neces~
sary expense therefor, as an act OF le.
gitimate administration. Once an adj
ministrator is appointed to said success
sion, he may continue the said planting
operations, II conducted with skill and
care of a precedent owner, and the ne
cessary cost of same is proper charge
against the estate, and may he paid out
of the proceeds of the crop. If such
venture prove successful end profit is
realized, neither AN heir or a creditor
can treat tho proceeds Of the crop as an
asset of the estate, and at the same
time reject and disallow the cost aud
expense of production"
Judgment affirmed.
Parish Board of School Directors Va.
w II. Edrington.-Applea from Madi
son.
"One who purchases at an execution
sale the right, title and interest Of the
defendant in execution, acquires only
such title as the latter had. Ifamongst
the property sold there ia lot, of
which the appropriated owner possess
ed as lessee, the adjudicatee would
take as such, and be substituted as les.
see In his place pro tantO. Prescription
under title resulting from a lease.
Prior to the passage of the act of the 23d
of April, 1868, no,arial titles were not
to be filed, aud registered in the book
OF conveyances In the recorders Office.
The right OF proprietor of real prop
erty evidenced by the registry of con-
veyance thereof in the proper book and
the proper Office, in the parish in which
1t Is situated at the time, is not effected
by the incorporation of 1t into new
parish, and no additional registry in
the new parish is necessary in order 10
preserve its effect"
Judgment affirmed.
JUSTICE FENNER.
j. M. CoIvin VS.. W. T.. Woodward.
Appeal from Lincoln.
"Where devOtutive appeal is taken
from an alternative judgment which
directs defendant 10 do certain
| thing or within fixed delay aud in
default thereof intiicts a more onerous
| penalty, execution of the first alterna-
tive under protest and with reservation
of rights Of appeal is not such volunta-
| ny acquiescence as destroys the appeal.
The homestead right cannot be con-
tractually waived, renowned or de-
stroyed otherwise than by sale or its
equivelant; and finding that in this
case the defendant has moi sold or alien
! mated his homestead, his claim for its
protection must he sustained"
Motion TO dismiss denied and judy
mont reversed.
John r. Ludcting W.. J 4 G. Cha1e
Appeal from Ouachita.-Judgme
dissolving plaintiffs injuntion affirmed.
Lehman, Abraham II Gu. vs. A. Il.
Worley, administrator-Appe from
MorehousP.
"The law makes ii the imperative
duty of administrators of SUGGESTIONS tC
see TO and provide for the payment Of
succession debts, and, when necessary,
to provoke the sale Of the property
movable and immovable for that pur.
pose. This duty cannot be paralyzed
by the mere judicial denial by an heiz
that the debts acknowledged by the
administrator, are truly due. In order
to restrain the execution of an order OF
sale provoked to pay debts, an he'll
must not merely aiiege, but prove, that
the debts do not exist. The law does
not forbi the sale of succession pro.
perty in the summer time, and the
probate judge, having in the exercise
Of his discretion ordered the sale, VIZ
have no authority, on such ground, t
! interfere.'
Judgment affirmed.
| There are nine candidates for TN,
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