Campbell v. Standard General Realty Co.

185 So. 2d 598, 1966 La. App. LEXIS 5305
CourtLouisiana Court of Appeal
DecidedApril 4, 1966
DocketNo. 2095
StatusPublished
Cited by6 cases

This text of 185 So. 2d 598 (Campbell v. Standard General Realty Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Standard General Realty Co., 185 So. 2d 598, 1966 La. App. LEXIS 5305 (La. Ct. App. 1966).

Opinion

McBRIDE, Judge.

Despite the sizeable record and the prolixity of the arguments, the narrow but decisive point presented by this appeal is whether a public administrator of one parish may administer abandoned property in another.

In 1933 in these proceedings, Standard General Realty Company, Inc., a Louisiana corporation, domiciled in New Orleans, went into receivership which terminated in January, 1943, upon the late Harry Latter being discharged as receiver. At the time Latter petitioned the court for his discharge the only asset owned by the corporation was certain real property in the Parish of St Tammany which Latter considered “ * * totally and wholly' worthless and does not constitute an asset of this estate, * * * ” and he recommended “ * * * he should be authorized * * * to abandon said real estate * * * ” On January 12, 1943, the court entered an order reading:

“The Court considering that the foregoing petition has been spread upon the Receivership Order Book and that no opposition has been filed thereto, let the petitioner, Harry Latter, Receiver, be and he is hereby authorized and ordered to abandon as an asset of this estate the real estate situated in the Parish of St. Tammany, State of Louisiana, referred to in the above and foregoing petition.”

Thereafter no proceedings were had therein for more than twenty-two years.

During early 1964, the then Public Administrator for the Parish of Orleans instituted proceedings entitled “Administration of Money or Property Abandoned or of Unknown Ownership — Standard General Realty Company, Inc.” No. 421,955 of the docket of the Civil District Court for the Parish of Orleans (In re Standard General Realty Co., Inc., La.App., 185 So.2d 585) and under R.S. 9:1585 petitioned the court for appointment as administrator “ * * * of all the property owned by Standard General Realty Company, Inc., * * * and to have letters of Administration issued to him upon his complying with the requisites of law.”

On April 22, 1964, the appellant was appointed “Administrator of the said above entitled Succession” according to the letters issued to him by the court.

An inventory was then made by a Notary Public in and for the Parish of St. Tammany. The only property listed thereon is the “abandoned” land. The former public administrator and his present successor have since made several but unsuccessful attempts to dispose of the property at private sale. One attempt came under the scrutiny of this court. See 168 So.2d 456 and 173 [600]*600So.2d 862. In one instance' writs of cer-tiorari, prohibition and mandamus, were sought by the receivers of Standard General Realty Company, Inc. See our docket No. 2108.

On July 9 and 14, 1965, at the instance of several alleged stockholders of Standard General Realty Company, Inc., the court below in the proceedings we are now considering, rendered judgments appointing receivers for said corporation and authorized them to qualify. On August 9, 1965, the court rendered judgment dismissing a rule which had been brought by the present public administrator seeking to have the receivers removed from office. The dismissal was sought on the ground that the stockholders had abandoned the corporation for a period of thirty-four years. An alleged stockholder, Gerald O. Pratt, intervened in the public administrator’s rule, praying that the appointment of the receivers be recalled and that the receivership proceedings be dismissed. Both the public administrator and Pratt perfected appeals from all three of the above mentioned judgments, which appeals are now before us for determination.

The public administrator adopts the position that by virtue of his appointment he, to the exclusion of all others, has the power to administer the land of Standard General Realty Company, Inc., in the Parish of St. Tammany, and that the receivership and the receivers will hamper and interfere therewith. He urges the nullity of the receivers’ appointments on several assigned grounds.

R.S. 9:1585 provides:

“Except as otherwise provided in R.S. 9:151 et seq., as amended, they shall be appointed administrators of all money or other property in their respective parishes which has been abandoned or the ownership of which is unknown and of all the money or other property standing in the name of persons who are absent and-not represented and have not been heard from for eight years or more. It shall be the duty of any person, firm or corporation holding such funds or property to deliver same to the public administrator and his receipt for same shall relieve said person, firm or corporation from all liabilities therefor. The public administrators shall administer such property in the manner provided by law for the administration of vacant succession. As amended Acts 1950, No. 339, § 1; Acts 1952, No. 200, § 1; Acts 1960, No. 497, § 1.”

Under the clear, unambiguous and emphatic language of the section, unless otherwise provided, public administrators shall be appointed administrators (1) of all money or other property in their respective parishes, which has been abandoned or the ownership of which is unknown, and (2) of all money or other property standing in the name of persons who are absent and not represented and have not been heard from in eight years or more.

The former public administrator when petitioning the court for administration of the property of Standard General Realty Company, Inc., was proceeding on the theory that the land was “abandoned” property within contemplation of R.S. 9:1585. The present public administrator attempts to conduct his administration on the same theory, i. e., that the property was abandoned. Quoting from counsel’s brief: “The property owned by this matter was abandoned judicially * * * the statement was made by the then receiver that the property was totally and wholly worthless. * * * Since proceeding No. 421-955 has been pending since April, 1964 and is still pending, * * * the Public Administrator is still the Administrator of the abandoned property of Standard General Realty Company, Inc. * * * ”

Our examination of the record reveals that neither the former public? administrator nor his present successor in office was appointed administrator of any specific property. Their respective appointments are “Administrator of the said above en[601]*601titled Succession” and “Administrator of this Succession”. The letters issued to the present public administrator denominates his appointment “Administrator of the said above entitled Matter”. No property is mentioned or referred to in either appointment nor is there any designation or description of “abandoned” or other property in the initial petition for administration, or in the motion filed by the present public administrator to he appointed as his predecessor’s successor.

Notwithstanding what is said in the preceding paragraph, counsel for the public administrator insists the authority to administer granted by the Civil District Court for the Parish of Orleans vests the public administrator with powers of administration over the “abandoned” property in the Parish of St. Tammany.

Counsel, of course, contends that the Civil District Court for the Parish of Orleans was the proper forum to authorize the administration because of the circumstance Standard General Realty Company, Inc., had its corporate domicile in New Orleans. Counsel argues in brief: “The Abandoned Property Statute (L.R.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Boland v. Roussel
495 So. 2d 318 (Louisiana Court of Appeal, 1986)
Nicolaides v. Roussel
495 So. 2d 323 (Louisiana Court of Appeal, 1986)
Clark v. BOARD OF COM'RS, ETC.
422 So. 2d 247 (Louisiana Court of Appeal, 1982)
Campbell v. Standard General Realty Co.
187 So. 2d 440 (Supreme Court of Louisiana, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
185 So. 2d 598, 1966 La. App. LEXIS 5305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-standard-general-realty-co-lactapp-1966.