Succession of Broussard
Succession of Broussard
070rehearing
On Rehearing.
On re-examination of the record, we find that P. U. Broussard, in his opposition to the administrator’s proposed method of settlement of the estate, claimed the benefit of his judicial mortgage only on the half interest of the surviving husband in the real estate belonging to the community. That property was sold by the administrator in the succession of the deceased wife. The net proceeds of the sale, after deducting law charges' and other liens, amounted to $1,096.-06. Half of that sum, $548.03, belongs to the surviving husband, subject to his liability for debts of the community. But, being the proceeds of the sale of the property affected by P. U. Broussard’s judicial mortgage, this fund belonging to the surviving husband must be applied to the payment of Broussard’s judgment in preference to the ordinary debts of tlie community. The decisions cited in the original opinion, delivered by Mr. Justice SOMMERVILLE, are not to the contrary.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.