No. 21596 Precedential Reversed, and rule made absolute. Processed

Succession of McCall

Louisiana Supreme Court · Filed June 30, 1916 · 72 So. 818

Also decided on this docket: La. Ct. App. 1st Cir., March 12, 1962 138 So. 2d 625

Cited by

Freedman v. Succession of Carmouche 141 So. 843 La. 1932
Twomey v. Papalia 77 So. 479 La. 1916

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.