James Moore Wayne

“ But there was another erasure of the bank's judicial mortgages in a suit brought by Barrett against it, before its assignment was made of its judgments against Barrett to Hagan, the plaintiff. Rec., 83, 88, 94, 99, 103. It was done by a court having competent jurisdiction, and it concluded the right of the bank to convey its judgments to the plaintiff as judicial mortgages, though they might be transferred as judgments to entitle the assignee to a participation in any unadministered proceeds made from the sale of the property surrendered by the insolvent for his creditors. ”

“ They showed that they were, as syndics, parties to a number of suits, which were still pending; refer particularly to the partition suit instituted by them, and still pending, against Robert Bell, as the partner of Barrett; pray that the creditors of the insolvent may be ordered to meet to elect other syndics, on account of their not being able to act longer in that capacity, as their private affairs compelled them to leave the State of Louisiana. ”

“ The complainant's right to enforce his mortgage, even if it were valid, is prescribed by the lapse of ten years.
C. C., 3495, 3374, sec. 6; 3508, 3444.
Lawrason v. Minturn, 11 L. R., 256.
4. That the original inscriptions of the mortgages claimed by Hampton's heirs were valid, and that the registry of the sale from Leroy Pope to Barrett created a privilege in their favor, and operated as a valid reinscription of the original mortgages. ”

“ Creditors, 9 Robinson. It is also declared, in the Civil Code, (art. 165, sec. 3,) 'that, in all matters relative to failures, all suits already commenced, or which may be subsequently instituted against the debtor, must be carried before the court in which the failure has been declared;' and 'where a party claims from the syndics goods which had been surrendered by an insolvent, the suit may be brought before the court where the concurso is pending.' 2 Robinson, 348. ”

“ IV. Should it be decided by the court that the foregoing points are not sustainable, and that the merits of the controversy between the parties are open for examination, then it is contended, in behalf of appellees:
1. ”