Kennedy v. New Orleans Savings Institution
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. Samuel H. Kennedy, on the thirty-first day of March, 1879, obtained the writ of sequestration, from the late Fifth District Court of the Parish of Orleans, under which writ the civil sheriff: seized and took into his possession certain mortgage notes, which he now holds, under said writ.
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APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. Samuel H. Kennedy, on the thirty-first day of March, 1879, obtained the writ of sequestration, from the late Fifth District Court of the Parish of Orleans, under which writ the civil sheriff: seized and took into his possession certain mortgage notes, which he now holds, under said writ. The mortgage notes were, at the date of tho issuance of the ■writ of sequestration, in tlie possession of David Urquhart, president of said Institution. The ■writ of sequestration issued prior to the rendition of tlie judgment, by…
1Opinion of the Court
*4The opinion of the Court was delivered by
Bisruuuracz, O. J.'
On the averment that four certain notes of liis, secured by mortgage and once owned by the defendant Institution, have been paid in part, and extinguished otherwise by compensation, by operation of law; that the said notes are in the possession of the defendant, who refuses to deliver them and who may dispose of the same, the plaintiff lias obtained a sequestration thereof, praying that, in due course, they be returned to him as his property.
From an adverse judgment, the plaintiff has appealed.
The facts disclosed by the record are…
2Cases cited5 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- Coite v. Society for SavingsSupreme Court of Connecticut · 1864
- Makepeace v. CoatesMassachusetts Supreme Judicial Court · 1812
- Bunnell v. Collinsville Savings SocietySupreme Court of Connecticut · 1871
- Holland v. Heyman & BrotherSupreme Court of Georgia · 1878
3Cited by3 opinions
- Darrah v. Wheeling Ice & Storage Co.West Virginia Supreme Court · 1901
- Crystal Bay Corp. v. SchmittNevada Supreme Court · 1938
- Watkins v. Bank of Morgan City & Trust Co.Louisiana Court of Appeal · 1935