9 La. 197 | La. | 1836
delivered the opinion of the court.
The administrator of the estate of J. M. Zacharie took a rule on Prieur and Lea, commissioners appointed by the District Court of the United States to sell certain property in the city of New-Orleans, in controversy between the city and the United States,, together with the recorder of mortgages, to show cause w7hy certain mortgages retained on the property to secure the payment of the price to the party which might finally prevail in that suit, should not be cancelled, so far as they affected the lots purchased by the deceased, and' which, had been recently sold by the administrator, in pursuance of a decree of the Court.of Probates.
The corporation of New-Orleans, for answer to the rule, deny that the mortgage can be raised by order of the Probate Court, because they say the lots having been adjudicated
"We cannot, therefore, recognise this as a case excepted . ° , , . 1 from the operation of the general rule settled m the cases of De Ende vs. Moore, 2 Martin, N. S., 336, and of Lafon's Executors vs. Phillips, 2 Martin, N. S., 224, and which it is admitted is at this time consonant to the positive legislation
It is, therefore, ordered, adjudged and decreed, that the judgment of the Court of Probates be affirmed, with costs.