Chanut v. Levasseur
Chanut v. Levasseur
Opinion of the Court
These cases present a contestation in a concurso of creditors over the proceeds of a sale of a stock of goods sold under legal process by the sheriff as the property of Edward Leon Levasseur.
From the facts given in the case of L. H. Gardner & Co. vs. Levasseur & Co., just decided, it will be seen that Levasseur & Co., after compounding with their creditors in June, 1873, by agreeing to pay them thirty-three cents on the dollar in two installments, sold out on the -first of
Pour of these suits were brought in the Sixth District Court and two of them in the Fifth Court, and judgments were rendered in favor of the plaintiffs. They are all privileged claims, and against Edward L. Levas-seur. They arc predicated upon the promissory notes of Edward L. Levasseur, secured by vendor’s privilege, except two of them, the claim of Tiblier, the lessor, and the claim of Joubert & Co., for merchandise sold to E. L. Levasseur and which was identified. For his claim of $200 he has the vendor’s privilege. Writs of seizure and sale' and writs of fieri facicts were issued, and under them the goods were sold and the proceeds retained in the hands of the sheriff. Chanut then came into the Fifth Court and obtained a rule for a distribution of the proceeds of sale. A tissue of litigation ensued; various bills of exceptions were taken to the rulings of the judge on questions of practice for the most part. We do not regard it important in the decision oi this case to pass upon them. L. H. Gardner & Co. excepted to the sale of the stock of goods being made under process of a-different court than that having jurisdiction of their attachment suit, and objections were interposed to the legality of the sale 'of personal property under orders of seizure and sale. But these parties, L. H. Gardner & Co., claimed the proceeds of
First — To Olaude Tiblier, testamentory executor, agent, etc., his claim - for rent with first privilege on the proceeds of sale.
Second — J. E. Joubert & Co., the sum of two hundred dollars with privilege on the proceeds of the goods identified herein.
Third — To F. E. Ohanut and Charlotte Anderson, their claims with the privilege on the goods in store on the first of October, 1873, and which had belonged to Leon Levasseur.
Fourth — The claim of L. H. Gardner & Co.
From this judgment L. H. Gardner & Co. appealed.
We see no error in the judgment.. It appears to settle the legal rights in conformity with law.
Judgment affirmed.
Rehearing refused.
Reference
- Full Case Name
- F. E. Chanut v. Levasseur & Co. and Same v. E. L. Levasseur
- Cited By
- 1 case
- Status
- Published