Morris v. Lalaurie
Supreme Court of Louisiana
A PPEAL from t.lie Civil District Court for the Parish of Orleans. Monroe, J. 1. In partitions by judicial sale, any one interested in giving or receiving a clear title, or in having the proceeds distributed, may have the property freed from incumbrances, and the mortgages referred to proceeds. 35 Ann. 528, 531. 2. By such sale the property passes disincumbered and mortgages are transferred to proceeds, 37 Ann. 321; 28 Ann. 714. 3. Such salo shifts the liens or mortgages…
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A PPEAL from t.lie Civil District Court for the Parish of Orleans. Monroe, J. 1. In partitions by judicial sale, any one interested in giving or receiving a clear title, or in having the proceeds distributed, may have the property freed from incumbrances, and the mortgages referred to proceeds. 35 Ann. 528, 531. 2. By such sale the property passes disincumbered and mortgages are transferred to proceeds, 37 Ann. 321; 28 Ann. 714. 3. Such salo shifts the liens or mortgages from the property to its proceeds. 27 Ann. 127. 4. Purchaser cannot be compelled to pay tho price before he is tendered an…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Under a decree of this court in John A. Morris et al. vs. J. L. Lalaurie consolidated with J. L. Lalaurie vs. John A. Morris, 34 Ann. 204, two pieces of improved real estate in this city were sold on the 11th of April, 1882, by the sheriff at public auction in block, and same were adjudicated to Andrew J. Murphy for $5,600, upon the following terms' of credit, viz: one-third cash, and the remainder on a credit of one and two years.
That decree recited “ that from the proceeds after deducting costs, charges and taxes, there shall be paid to…
2Cases cited2 opinions
- Offutt v. HendsleySupreme Court of Louisiana · 1835
- Swindler v. PeyrouxSupreme Court of Louisiana · 1833
3Cited by6 opinions
- State Ex Rel. Huggett v. MontgomeryLouisiana Court of Appeal · 1936
- Prichard v. McCranieSupreme Court of Louisiana · 1926
- Sutton v. SuttonLouisiana Court of Appeal · 1975
- Converse v. FitzpatrickSupreme Court of Louisiana · 1914
- Succession of WilliamsSupreme Court of Louisiana · 1915
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