# Succession of McCall

> Supreme Court of Louisiana · June 30, 1916 · 140 La. 88

URL: https://www.frixlaw.com/law-library/cases/7170164

## Case

- **Full name:** Succession of McCALL
- **Court:** Supreme Court of Louisiana
- **Decided:** June 30, 1916
- **Citations:** 140 La. 88; 72 So. 818; 1916 La. LEXIS 1852
- **Precedential status:** Published
- **Opinion:** On rehearing by Provosty
- **Judges:** Decree, Land, Monroe, Niell, Provosty, Takes
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7170164

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7170164. Public record. Not legal advice.