oppose the execution, before the tribunal having cognizance of the matter, on his simple motion; and if he proves that he has claimed the delays for deliberating, the execution shall be suspended until the delays have expired.

C. C. 1422 (1371), 1433 (1382); C. P. 65 et seq; 1 A. 204.

ART. 1419. [1368.]—There are two principal things to be considered relative to the payment of the debts of a succession:

1. The actions of the creditors to cause themselves to be paid what is due them, and the persons against whom these actions can be brought.

2. The contribution which is to be made between these latter persons.

ART. 1420. [1369.]-Contribution is the division which is made among the heirs of the succession of the debts with which the succession is charged, according to the proportion which each is bound to bear.

C. N. 870.

ART. 1421. [1370.]—The creditors of a succession have three kinds of actions to cause themselves to be paid the debts due them by the deceased, to wit:

1. A personal action against the heirs, or those who stand in the place of heirs.

2. An hypothecary action against the detainers or possessors of the property mortgaged for their debts.

3. And the action of the separation of the patrimony of the deceased from that of the heir.

C. C. 1444 (1397), 3403 (3366); C. P. 734, 744; 7 R. 506; 1 A. 204, 228; 2 A. 462; 19 A. 59, 61; 21 A. 399, 400, 566, 717. Acts 1855, p. 337, § 1.

SECTION 2.

Of the Personal Action Against the Heir.

ART. 1422. [1371.]—The personal action, which the creditors of a succession can exercise against the heirs, has for its basis the obligation, which the heirs are under, to discharge the debts of the deceased.

This action is modified according as the deceased has left one or several heirs.

ART. 1423. [1372.]-The heirs by the fact alone of the simple acceptance of a succession left them, contract the obligation to discharge all the debts of such succession, to whatever sum they may amount, though they far exceed the value of the effects composing it.

The only exception to this rule is when the heirs, before meddling with the succession, have caused a true and faithful inven

tory thereof to be made, as is prescribed in the section of this title which relates to the benefit of inventory; for in this case they are only bound for the debts to the amount of the value of the effects found in the succession.

C. C. 977 (970), 1013 (1006), 1032 (1025), 1611 (1603).

ART. 1424. [1373.]-Universal legatees, or legatees under an universal title, being in every respect assimilated to heirs, are subject to the payment of the debts of the succession, according to the same rules and under the same exceptions as heirs.

C. C. 1032 (1025), 1611 (1603).

ART. 1425. [1374.]—But though the heirs and other universal successors, who have not made an inventory as is before prescribed, are bound for the payment of all the debts of the succession to which they are called, even when the debts exceed the value of the property left them, they are not bound, in solido and one for the other, for the payment of the debts.

C. C. 1013 (1006); 6 L. 17.

ART. 1426. [1375.]-When the deceased has left one sole heir, or has bequeathed all his property universally to the same person, this heir or universal legatee is bound for the payment of the whole of the debts of the succession, and may be sued directly and personally as such by those who are the creditors of the succession.

C. P. 120. D. Sec. 1104.

ART. 1427. [1376.]-If, on the contrary, the deceased has left two or more heirs, they are bound to contribute to the payment of those debts, only in proportion to the part which each has in the succession.

Thus the creditors of the succession must divide among the heirs the personal action which they have against them, and can not sue one for the portion of the other, or one for the whole debt.

C. C. 1425; C. P. 120, 940; 6 L. 17; 11 A. 226. D. Sec. 1462.

ART. 1428. [1377.]—If the succession is divided by roots, the subdivision of debts takes place among the representatives of each root, in the same manner as when there are several heirs.

If then the deceased leaves for heirs two children and four grandchildren, the issue of another child deceased, each of the children is bound only for one-third of the debts, and each of the grandchildren for one-twelfth.

ART. 1429. [1378.]-If one of the heirs be a creditor of the deceased, confusion will only take place for his part in the debt, and he may claim from the co-heirs the part which each is bound to contribute for the payment of this debt.

C. C. 2217 (2214).

ART. 1430. [1379.]—The legatee under a universal title shall

contribute with the heirs to the payment of the debts in proportion to the part bequeathed to him in the succession; but the legatee under a particular title is not liable for the debts of the succession, though he may be obliged to contribute to them indirectly, as hereafter explained.

C. N. 871; 5 A. 199; 12 A. 5. D. Sec. 871.

ART. 1431. [1380.]—If the testator has bequeathed more than his disposable effects amounted to, or if there does not remain sufficient property in the succession to pay all the debts, the legatees may be made to give up what they have received above what the testator was permitted to bequeath, or the deficit necessary to discharge the debts of the succession.

In the first case, each legatee suffers a retrenchment or proportional diminution of the amount of his legacy for its excess above the disposable portion; in the second he is compelled to bring back out of what he has received, his proportional sum of what is necessary for the discharge of the debts.

But this action, on the part of the creditors of the succession against the legatees, is prescribed by three years, to be calculated from the opening of the succession.

C. C. 1188 (1176), 3538 (3503); 1 A. 214; 5 A. 199; 7 A. 553.

ART. 1432. [1381.]—The particular agreements, which the heirs may make among themselves or with third persons, relative to the payment of the debts, do not affect their obligations towards the creditors of the succession.

Thus, though one of them be charged by the partition with the payment of the whole of a certain debt, each of them can be compelled by the creditor, by means of a personal action, to pay his proportion, saving to the latter his recourse against the person who is bound to guarantee him against it.

SECTION 3.

Of the Hypothecary Action.

ART. 1433. [1382.]-Although the heirs and other successors under a universal title are personally bound for the debts of the succession to any creditor, only in proportion to their respective shares in the succession, yet one heir may be bound to pay the whole of a debt by an hypothecary action, when the property' fallen to his share has been mortgaged by the deceased; but he has recourse against his co-heirs, or the other successors standing in their place, for the amount which he has been bound to pay for the discharge of the mortgage debt.

C. C. 1417 (1395), 1421 (1370), 3398 (3361); C. N. 873; C. P. 65, et seq. 121, 734; 2 L. 137; 1 A. 204; 12 A. 164; 14 A. 567.

ART. 1434. [1383.] The particular legatee who has satisfied the debt for which the bequeathed immovable was mortgaged, is and remains subrogated to the rights of the creditor against the heirs and legatees under a universal title.

C. C. 1441 (1390); Quære? C. N. 874.

ART. 1435. [1384.]—The heir or successor under a universal title, who, by the effect of the action of mortgage exercised against him, has been obliged to pay more than his share of the common debt, has recourse against his co-heirs only for so much as each of them is bound to support personally, even though the co-heir or other successor, having paid the debt, should have caused himself to be subrogated to the rights of the mortgage creditor.

C. C. 2161 (2157); C. N. 875; 2 L. 137.

ART. 1436. [1385.]-But if, at the time when this recourse is exercised, one of the heirs is insolvent, the portion which this heir was bound to contribute shall be borne proportionally by the other solvent heirs and him who has paid the debt.

C. C. 1389 (1426).

ART. 1437. [1386.]—If all the immovables of a succession · are incumbered with a legal or judicial mortgage, each heir, who has in his possession one or more of these immovables, may be sued by the hypothecary action for the whole, at the choice of the creditor; but the heir so sued has his recourse against his co-heirs, as is before said.

C. P. 66; 2 L. 137.

ART. 1438. [1387.]-The heir, who is in possession of a mortgaged property which has fallen to him by the partition, may release himself from the hypothecary action instituted against him, by abandoning the property, so that it may be sold by the creditor who sues him, and the debt discharged out of the proceeds of the sale; but he has his recourse against his co-heirs for the payment of their proportions of the value.

C. P. 734; 1 A. 204.

ART. 1439. [1388.]-But this abandonment of the property will not release the heir from his personal responsibility to the amount of the portion which he inherits, in case the mortgaged property will not sell for a sufficient sum to satisfy the debt for which it is given.

ART. 1440. [1389.]-If a property, which is bequeathed to any one, has been mortgaged by the testator for his own debt, or that of a third person, the particular legatee is liable to the hypothecary action for the payment of this debt, at the instance of the creditor, saving to the legatee the right of abandoning the property mortgaged, in order to release himself from the hypothecary action, in the same manner as is permitted to the heir against whom this action is brought.

ART. 1441. [1390.]-The particular legatee, who, in consequence of the hypothecary action, has paid the debt or abandoned the property mortgaged, has no recourse against the heir of the testator, because, by receiving the legacy, he is considered as having received it with the incumbrances with which it was charged.

C. C. 1434 (1383). Quære?

ART. 1442. [1391.]-On the contrary, if the heirs of the testator are obliged to pay this debt on the personal action which the mortgage creditor can institute against them, they have their recourse against the legatee, to cause themselves to be reimbursed for having discharged and disengaged the object bequeathed, which they were not obliged to do.

ART. 1443. [1392.]-But if the mortgage which the testator has given on the property bequeathed, be for a debt of a third person, the legatee who, at the suit of the mortgage creditor, pays the debts or abandons the property, has his recourse against the debtor for the debt for which the testator gave the mortgage.

SECTION 4.

Of the Separation of Patrimony.

ART. 1444. [1397.]-The creditors of the succession may demand, in every case and against every creditor of the heir, a separation of the property of the succession from that of the heir. This is what is called the separation of patrimony:

C. C. 1011 (1005), 1012; 1421 § 3; (1370); 1452 (1405) 3275 (3242), 3276 (3243); C. N. 878, 881; 1 A. 228; 12 A, 558.

ART. 1445. [1398.]-The object of a separation of patrimony is to prevent property, out of which a particular class of creditors have a right to be paid, from being confounded with other property, and by that means made liable to the debts of another class of creditors.

1 A. 228; 21 A. 566.

ART. 1446. [1399.]—The effect of this demand, on the part of the creditors of a succession, is to cause them to be paid from the effects of the succession in preference to the creditors of the heir.

ART. 1447. [1400.]-This separation may be demanded by all the creditors of the deceased, whatever they may be. It is not necessary that these debts be demandable in order to enable the creditors to exercise this right.

ART. 1448. [1401.]-Even those whose right is eventual, or depending on an uncertain condition, are admitted to make this demand, and as, before the condition happens, they cannot pre