Sample v. Elliott
Supreme Court of Louisiana
Appeal from Thirteenth Judicial District Court, Parish of Grant; J. A. Williams, Judge. Executory proceedings by S. G. Sample against G. W. Elliott, wherein F. L. Suffern' intervened. A writ of injunction was issded at intervener’s instance, and plaintiff appeals.
1Opinion of the CourtO’Niell, C. J.
This is an appeal from a judgment dissolving an injunction for want of a cause of action.
[1] The writ was issued at the instance of an intervener in an executory proceeding. He had 'bought from the defendant, Elliott, two tracts of land that were subject to a mortgage and vendor’s lien in favor of the plaintiff, Sample. One of the tracts of land is in Grant parish and the other is partly in Grant’and partly in Rapides parish. The act of sale in which the mortgage and vendor’s lien were reserved imported a confession of judgment and contained the usual stipulation that the buyer, Elliott,…
2Cases cited4 opinions
- Lewis v. HawkinsSupreme Court of the United States · 1875
- Evans v. Rounsaville & BrotherSupreme Court of Georgia · 1902
- Crowley Bank & Trust Co. v. HurdSupreme Court of Louisiana · 1915
- Maisonneuve v. MartinSupreme Court of Louisiana · 1924
3Cited by8 opinions
- Mayfield v. NunnSupreme Court of Louisiana · 1960
- Penn v. BurkSupreme Court of Louisiana · 1963
- Allen v. Commercial National Bank in ShreveportLouisiana Court of Appeal · 1962
- Chrysler Credit Corp. v. BrownLouisiana Court of Appeal · 1984
- Spiro v. ReynaudSupreme Court of Louisiana · 1960
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