Legal Opinion

Burgess v. Gordy

Supreme Court of Louisiana

Decided July 15, 1880No. 1074PublishedCited by 6 opinions

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

  1. Bagley v. TateSupreme Court of Louisiana · 1845

3Cited by6 opinions

  1. Continental Securities Corp. v. WetherbeeSupreme Court of Louisiana · 1936
  2. Dennis v. GrahamSupreme Court of Louisiana · 1925
  3. Federal Land Bank v. ResterSupreme Court of Louisiana · 1927
  4. Lawton v. SmithLouisiana Court of Appeal · 1933
  5. Hargrove v. O'BanionLouisiana Court of Appeal · 1927

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