James v. Rand
Supreme Court of Louisiana
PPEAL from thG Civil District Court for the Parish of Orleans. Bightor, J, Properly certified copies of notarial acts make proof of what is contained in the original, unless proven incorrect. O. O. 2268. An act executed before a notary and two competent witnesses is an authentic act. O. O. 2234. The authentic is full proof of its contents unless declared and proved to be a forgery.
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PPEAL from thG Civil District Court for the Parish of Orleans. Bightor, J, Properly certified copies of notarial acts make proof of what is contained in the original, unless proven incorrect. O. O. 2268. An act executed before a notary and two competent witnesses is an authentic act. O. O. 2234. The authentic is full proof of its contents unless declared and proved to be a forgery. C. G. 2336. The authentic act is not only admissible in evidence, but full proof of whatpassed before the notary and of the agreement; not only of quod conventum, but quod actum est. 7 An. 98-99, Succession of…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This is a suit via ordinaria on a promissory note secured by special mortgage. The note and act of mortgage are *180annexed to and made parts of plaintiff’s petition. Premised by the usual allegations, the prayer is that plaintiff have judgment against defendant in the full sum of $15,000 (the amount of the note), with interest, attorney’s fees and host; “ with recognition of petitioner’s mortgage,” etc.
The defence set out in the answer is that the alleged signatures to the note and the indorsement thereon, as well as the purported signatures to…
2Cases cited1 opinion
- Robinson v. ArnetSupreme Court of Louisiana · 1840
3Cited by7 opinions
- Brown v. TourtelotteSupreme Court of Colorado · 1897
- Dainello v. McCoyLouisiana Court of Appeal · 1930
- Succession of Randazzo v. FerrantelliSupreme Court of Louisiana · 1912
- Eschete v. KraemerLouisiana Court of Appeal · 1961
- Clark v. NorredLouisiana Court of Appeal · 1926
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