Hewitt v. Williams
Supreme Court of Louisiana
APPEAL from the Ninth Judicial District Court, Parish of De Soto. Hall, J. Movables have no sequel by a mortgage. When the movable is neither in the custody of the creditor nor of the debtor, nor of am1 other in his name, the creditor then has no longer any right to it. Domat, Civil Law, Part I, Book III, Tit.
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APPEAL from the Ninth Judicial District Court, Parish of De Soto. Hall, J. Movables have no sequel by a mortgage. When the movable is neither in the custody of the creditor nor of the debtor, nor of am1 other in his name, the creditor then has no longer any right to it. Domat, Civil Law, Part I, Book III, Tit. I, Secs. 1654, 1656; Troplong on Privileges and Hypothecations, Vol. 2, Secs. 394 and 395, p. 15; Comments on Art. 2118, C. N. A privilege on a movable — though it affects that movable — gives no right of pursuit against it, for that effect can have no existence but that which is…
1Dissent
*753Dissenting Opinion on Application eor Rehearing.
Watkins, J.
The application for relief is by the intervenor alone. She puts her claim to relief on the ground that plaintiff’s privilege as the furnisher of necessary plantation supplies can not be enforced against crops produced on the defendant’s plantation after sale and delivery thereof to her — the averment of her petition being that his seizure of same under a writ of sequestration is illegal and void.
That plaintiff had a privilege on the crops of the defendant, which was enforceable against them so long as they continued to be his…
2Cases cited1 opinion
- Delaware Insurance v. ArcherSupreme Court of Pennsylvania · 1832