American Freehold Land Mortgage Co. of London, Ltd. v. Peirce
Supreme Court of Louisiana
A PPEAL from the Eighth Judicial District Court for the Parish of Concordia. Tullís, J., Twenty-third District, sitting in place of the judge of the Eighth Judicial District, recused. Statement of the Case. On the 26th of February, 1885, Mrs. Charlotte H. Peirce, wife of J. Caldwell Peirce, granted a mortgage on the Delhi plantation, in the parish of Concordia, to Gilbert M. Richardson, of New York, to secure a loan of four thousand dollars.
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A PPEAL from the Eighth Judicial District Court for the Parish of Concordia. Tullís, J., Twenty-third District, sitting in place of the judge of the Eighth Judicial District, recused. Statement of the Case. On the 26th of February, 1885, Mrs. Charlotte H. Peirce, wife of J. Caldwell Peirce, granted a mortgage on the Delhi plantation, in the parish of Concordia, to Gilbert M. Richardson, of New York, to secure a loan of four thousand dollars. The plantation was her separate property. The act contained a clause waiving the benefit of appraisement in case of forced sale. On the 3d of April,…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The attack upon the mortgages executed by J. Caldwell Peirce to the plaintiff company, in so far as it is based upon the claim that plainiiff was doing business in Louisiana in violation of Art. 236 of the Constitution, must fail. The facts of this case bring it under the principles laid down in Reeves vs. Harper, 43 An. 516, and Scottish American Mortgage Co., Limited, vs. W. F Ogden, ante, p. 8.
Intervenors claim that the loan to Mrs. Peirce, though apparently made by Richardson, was in point of fact made to her by Shattuck & Hoffman,…
2Cases cited1 opinion
- Love v. BanksSupreme Court of Louisiana · 1832
3Cited by4 opinions
- Dunlap v. WhitmerSupreme Court of Louisiana · 1913
- McCoy's Heirs v. DerbonneSupreme Court of Louisiana · 1902
- In re Tennessee River Coal Co.District Court, E.D. Tennessee · 1912
- Chevalley v. PettitSupreme Court of Louisiana · 1905