Grant v. Fiol
Supreme Court of Louisiana
Appeal from the court of the first judicial district. This is an action on four promissory notes executed by the defendant Fiol, in 1836, amounting to $3750, and to secure payment thereof, he hypothecated or mortgaged the schooner Cora, then in his possession and use. The notes were all protested at maturity, and this suit instituted for their recovery by attaching said schooner, in February, 1837; the defendant having then left the State.
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Appeal from the court of the first judicial district. This is an action on four promissory notes executed by the defendant Fiol, in 1836, amounting to $3750, and to secure payment thereof, he hypothecated or mortgaged the schooner Cora, then in his possession and use. The notes were all protested at maturity, and this suit instituted for their recovery by attaching said schooner, in February, 1837; the defendant having then left the State. The schooner was seized and sold under the pro-; ceedings thus commenced, and the proceeds of sale amounted to $3895 75, in the hands of the sheriff.…
1Opinion of the CourtMoephy, J.
This controversy is in relation, to the distribution of the proceeds of the schooner Gora, seized and sold at the suit of the plaintiff under our attachment laws; after a judgment had been rendered in Ms favor for three thousand seven hundred and sixty-two dollars, with privilege on the property attached, several persons intervened claiming to be paid in preference to plaintiff for supplies, towage, &e. The proper course to be pursued by these parties at this stage of the proceedings should, perhaps, have been that pointed out by article 401, of the Code of Practice, under the head of…
2Cases cited1 opinion
- Emerson v. FoxSupreme Court of Louisiana · 1831
3Cited by15 opinions
- Learned v. BrownCourt of Appeals for the Fifth Circuit · 1899
- Daugherty v. Canal Bank & Trust Co.Supreme Court of Louisiana · 1934
- American-La France & Foamite Industries, Inc. v. Town of WinnfieldSupreme Court of Louisiana · 1936
- In re Safticraft Corp.District Court, W.D. Louisiana · 1966
- Lee v. His CreditorsSupreme Court of Louisiana · 1847
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