Levy v. Desposito
Supreme Court of Louisiana
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
- Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
- Citizens Bank v. MillerSupreme Court of Louisiana · 1892
- Scionneaux v. WaguespackSupreme Court of Louisiana · 1880
- Loeber v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1889
- Levy v. DepositoSupreme Court of Louisiana · 1912
3Cited by18 opinions
- Gallagher v. ConnerSupreme Court of Louisiana · 1915
- National Acceptance Co. of America v. WallaceLouisiana Court of Appeal · 1967
- Zimmer v. FryerSupreme Court of Louisiana · 1938
- Freeland v. CarmoucheSupreme Court of Louisiana · 1933
- Davis-Wood Lumber Company v. DeBrueysLouisiana Court of Appeal · 1967
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