Burgess v. Gordy
Supreme Court of Louisiana
A PPEAL from the Nineteenth Judicial District Court, parish of St. Mary. Goode, J. First — Where one proceeds via exeouiiva under a mortgage with the pact de non alienando against property in the hands of a third possessor, the latter can urge no defense that the mortgagor could not.
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A PPEAL from the Nineteenth Judicial District Court, parish of St. Mary. Goode, J. First — Where one proceeds via exeouiiva under a mortgage with the pact de non alienando against property in the hands of a third possessor, the latter can urge no defense that the mortgagor could not. Louque’s Digest, p. 442, No. 11. Second — The mortgage is indivisible, and clings to each and every portion of the mortgaged property. 0. 0. 3282. For that reason, where the mortgage has been released on a portion of the property mortgaged, it clings, in its entirety and indivisibility, to the remaining portion.…
1Opinion of the Court
*1297The opinion oE the Court was delivered by
Levy, J.
T. M. Lanahan, acting under a power of attorney from its owners, on the 4th of February, 1876, sold to W. S. Torian a plantation, in the parish of St. Mary, lying on both sides of the Bayou Teche. The consideration of this sale was the sum of 120,000, of which $5000 was paid in cash, and for the balance the purchaser executed his four promissory notes, one for $1000 payable on May 4th, 1876, and the others for $4666 66f each, payable respectively on the 4th of February, 1877,1878 and 1879. On the 17th of February, 1876, Torian sold to'H. J.…
2Cases cited1 opinion
- Bagley v. TateSupreme Court of Louisiana · 1845
3Cited by6 opinions
- Continental Securities Corp. v. WetherbeeSupreme Court of Louisiana · 1936
- Dennis v. GrahamSupreme Court of Louisiana · 1925
- Federal Land Bank v. ResterSupreme Court of Louisiana · 1927
- Lawton v. SmithLouisiana Court of Appeal · 1933
- Hargrove v. O'BanionLouisiana Court of Appeal · 1927
1 more not listed; retrieve them via the Exa API.