Opinion

Succession of McCall

  • 140 La. 88
  • 72 So. 818
  • 1916 La. LEXIS 1852
Court
Supreme Court of Louisiana
Filed
Jun 30, 1916
Status
Published
Author
Provosty
On the bench
Decree, Land, Monroe, Niell, Provosty, Takes
Cited by
2 cases

The opinion

On Application for Rehearing.

PROVOSTY, J.

The argument in 'support Of the application for a rehearing is based upon the assumption that this court holds the order for the sale of the succession property to have been illegal. What the court holds is that, however legal the order may have been, it must yield to the higher right of the mortgage creditor to proceed via executiva.'

Sometimes in our system of procedure *99 there is found a lacuna which must be bridged; and that is what is happening in the present case. This same lacuna was bridged in the Successions of Thompson and Loeper, and we have simply used this bridge.

Rehearing refused.

MONROE, O. .1., takes no part.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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