
    No. 8458.
    Succession of Drauzin Triche.
    Judgments homologating tutorship accounts and settling legal mortgages on the tutor’s property, have not the force of res adjudicada against third possessors or special mortgage creditors, but are, as to them, at most, prima facie evidence.
    When a direct conflict arises between such a judgment and the claims of such third persons, in a coneursus for the distribution of funds, involving the necessity of settling immediately the ranks of .opposing claims, they will not be remitted to an action of nullity, but may contest then and there the validity and rank of the claim allowed by the judgment.
    Debts from a tutor individually to himself in liis fiduciary capacity, when they become due and exigible during the term of the tutorship, are considered as collected by him and are secured by the legal mortgage on all his immovables, resulting from his tutorship and proper inscription.
    
      Where property, burdened with a general and with special mortgages, is called upon to satisfy the former to the prejudice of the latter, the special mortgage, junior in rank, must suffer contribution before a senior special mortgage can he affected.
    APPEAL from the Twentieth District Court, Parish of Lafourche. Guión, Judge, ad hoc.
    
    
      Moore & JBacleaux, for Opponent and Appellant.
    
      1iewis Guión and J. 8. Goode, for Opponents and Appellees.
    
      Olay Knobloeh, for the Administrator.
   The opinion of the Court was delivered by

Eennee, J.  