Bienvenu v. Factors' & Traders' Insurance
Supreme Court of Louisiana
^PPEAL from the Sixth District Court, parish of Orleans. Saucier, Any alienation or encumbrance of property mortgaged with the pact of non-alienation, is void and of no effect, as against the mortgagee. The third holder of such property is not a third possessor, nor entitled to the rights of one.
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^PPEAL from the Sixth District Court, parish of Orleans. Saucier, Any alienation or encumbrance of property mortgaged with the pact of non-alienation, is void and of no effect, as against the mortgagee. The third holder of such property is not a third possessor, nor entitled to the rights of one. "The holder of a mortgage note secured with such a pact may proceed against the property and the mortgageor, without making party to his suit any third owner, either via executiva or via ordinaA'ia, and just as if the property had not changed owners. A third owner can set up no defenses which the…
1Opinion of the Court
The opinion of the Court was delivered by
Marr, J.
Appellee moves to dismiss on three grounds:
1st. That the transcript is incomplete.
2d. That a previous appeal taken by the attorney and curator ad hoo representing defendant, appellant, has been dismissed because of the failure to file the transcript in time. See the case reported, 28 An. 901.
3d. That this previous appeal has been adopted by defendant, and *210made the basis of an injunction sued out by him to arrest the execution of a judgment in suit No. 27,061, of the Superior District Court.
First. A motion to dismiss for incompleteness of the…
2Cited by11 opinions
- Saxon v. Southwestern Brick & Tile Mfg. Co.Supreme Court of Louisiana · 1904
- Jacobs v. Kansas City, S. & G. Ry. Co.Supreme Court of Louisiana · 1913
- Saenger Amusement Co. v. MasurSupreme Court of Louisiana · 1925
- Brooks v. SmithSupreme Court of Louisiana · 1908
- Gazzo v. Bisso Ferry Co.Louisiana Court of Appeal · 1937
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