Opinion

Succession of Theurer

  • 38 La. Ann. 510
Court
Supreme Court of Louisiana
Filed
May 15, 1886
Status
Published
Author
Fenner
On the bench
Fenner, Manning
Cited by
5 cases

The opinion

On Application por Rehearing.

Fenner, J

The final clause of article 331, R. C. C., has no application to a special mortgage given to secure the value of the entire interest of the minor in the property of the deceased parent, said interest having-been adjudicated to the surviving parent at its appraised value according to law. In such case there is no liquidation, and no necessity for-liquidation of the minor’s rights which can only be ascertained after settlement of the community.

The mortgage being, by its terms, given only to secure the rights of' the minor, “up to the sum of $18,948.65,” that sum is the limit, but. not the measure, of the amount secured, which latter amount is the-eventual right of the minor. See Linn. vs. Dee, 31 Ann. 217.

We see no reason to disturb our opinion or decree.

Rehearing refused.

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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