Schneider v. Burns
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. The minor’s legal mortgage on the property of his tutor arises under the ancient law of Louisiana, contained in Art. 3282 of the Code of 1825, now Art. 3314 of the Code of 1870. Skipwith vs. Glathary, 34 An. 28. 2. The provisions of law contained in Act 95 of 1869 and Arts. 321 and 322, C. C. of 1870, simply restrict the legal mortgage to the sum named in the clerk’s certificate, and provide for its…
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PPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. The minor’s legal mortgage on the property of his tutor arises under the ancient law of Louisiana, contained in Art. 3282 of the Code of 1825, now Art. 3314 of the Code of 1870. Skipwith vs. Glathary, 34 An. 28. 2. The provisions of law contained in Act 95 of 1869 and Arts. 321 and 322, C. C. of 1870, simply restrict the legal mortgage to the sum named in the clerk’s certificate, and provide for its registry so as to affect third parties, in view of Art. 123, Const. 1868, and Art. 175, Const. 1879. 3. During the…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
Plaintiffs allege that at a public sale made by Baumgarden & Fredericks, auctioneers, on the 25th of January, 1893, certain property described in their petition was adjudicated to James Burns for the price of $2200; that they are the owners of said property and that they tender a good unencumbered title to said adjudicatee, but that he refuses to accept the same and to comply with the adjudication. They pray that he be cited and that they have judgment ordering him to comply with the adjudication and pay the price thereof, and on his…
2Cases cited2 opinions
- Barnard v. ErwinSupreme Court of Louisiana · 1842
- Beers v. HendricksonThe Superior Court of New York City · 1868
3Cited by7 opinions
- Graham v. Western Union Telegraph Co.Supreme Court of Louisiana · 1903
- Succession of KeppelSupreme Court of Louisiana · 1904
- Roberson v. GoldsmithSupreme Court of Louisiana · 1912
- Globe Indemnity Co. v. Ætna Casualty & Surety Co.Supreme Court of Louisiana · 1939
- Succession of DanneelSupreme Court of Louisiana · 1963
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