Legal Opinion

Fleitas v. Richardson

Supreme Court of the United States

Decided March 6, 1893No. 1; 29PublishedCited by 22 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. This was a bill in equity, filed June 29, 1888, in the Circuit Court of the United States for the Eastern District of Louisiana, by Gilbert M. Richardson, a citizen of New Tork, against Francis B. Fleitas, a citizen of Louisiana, and residing in that district, for a seizure and sale of mortgaged lands in the parish of St. Bernard in that district, under executory process, in accordance…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. This was a bill in equity, filed June 29, 1888, in the Circuit Court of the United States for the Eastern District of Louisiana, by Gilbert M. Richardson, a citizen of New Tork, against Francis B. Fleitas, a citizen of Louisiana, and residing in that district, for a seizure and sale of mortgaged lands in the parish of St. Bernard in that district, under executory process, in accordance with the provisions of the Louisiana Code of Practice, the material parts of which are copied in the margin.1 The bill…

1Opinion of the CourtJustice Gray

At October term, .1888, this court denied a motion to dismiss or affirm, submitted on feriéis under Rule 6. But on • fuller 'consideration of the case, and in the light of the oral arguments of counsel, we are constrained (although the question is not free from difficulty,) to hold that this court has no jurisdiction, because the order, appealed from is not a final judgment or decree.

By the Louisiana Code of Practice, an act of mortgage, passed before a notary public in the presence of two witnesses, with an acknowledgment and identification of the debt thereby secured, imports a confession…

2Cases cited15 opinions

  1. Toland v. SpragueSupreme Court of the United States · 1838
  2. McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
  3. Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
  4. Brewster v. WakefieldSupreme Court of the United States · 1860
  5. Chaffee v. HaywardSupreme Court of the United States · 1858

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3Cited by22 opinions

  1. Commissioners of Road Improvement District No. 2 v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1922
  2. Buckner v. CarmackSupreme Court of Louisiana · 1973
  3. Countrywide Home Loans Servicing, LP v. ThomasLouisiana Court of Appeal · 2013
  4. Ross v. Brown Title CorporationDistrict Court, E.D. Louisiana · 1973
  5. Reed v. BloomDistrict Court, W.D. Oklahoma · 1936

17 more not listed; retrieve them via the Exa API.

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