Legal Opinion

Levy v. Desposito

Supreme Court of Louisiana

Decided May 12, 1913No. 19,615PublishedCited by 18 opinions

Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Executory process upon a mortgage by Maurice Levy against Mrs. Jennie Desposito, with third opposition by Jacob Nienaber, claiming under a vendor’s privilege and prior mortgage. Judgment for the third opponent, and Levy appeals.

1Opinion of the CourtProyosty, J.

Maurice Levy, the plaintiff, caused executory process to issue upon a mortgage given him by Mrs. Desposito, and the mortgaged property to be seized and sold. Jacob Nienaber filed a third opposition, claiming a superior right over the proceeds of the sale by virtue of a vendor’s privilege and prior mortgage. The contest is between Levy and the third opponent.

The history of the matter is as follows: Mrs. Desposito, desiring to create mortgage paper which she might negotiate, made a sale of her property to one Raine, part credit and part cash; the credit part being represented by a $1,800 note.…

2Cases cited5 opinions

  1. Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
  2. Citizens Bank v. MillerSupreme Court of Louisiana · 1892
  3. Scionneaux v. WaguespackSupreme Court of Louisiana · 1880
  4. Loeber v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1889
  5. Levy v. DepositoSupreme Court of Louisiana · 1912

3Cited by18 opinions

  1. Gallagher v. ConnerSupreme Court of Louisiana · 1915
  2. National Acceptance Co. of America v. WallaceLouisiana Court of Appeal · 1967
  3. Zimmer v. FryerSupreme Court of Louisiana · 1938
  4. Freeland v. CarmoucheSupreme Court of Louisiana · 1933
  5. Davis-Wood Lumber Company v. DeBrueysLouisiana Court of Appeal · 1967

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