De L'Isle v. Succession of Moss
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. ’Lazarus, J. Third persons alone may avail themselves of the want of inscription of mortgages: neither the contracting parties nor their heirs can take advantage of the non-inscription of a> mortgage.
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APPEAL from the Civil District Court for the Parish of Orleans. ’Lazarus, J. Third persons alone may avail themselves of the want of inscription of mortgages: neither the contracting parties nor their heirs can take advantage of the non-inscription of a> mortgage. C. C. 3342, 3343, 3344 ; 7 An. 100 and 776. When a purchaser, as a part of his purchase price, assumes the payment of a note of his vendor, the obligation resulting from such assumption is peí sonal, and falls under the ten year prescription. 32 An. 283, Scionneaux of Waguespack et al. The assumption by a purchaser, of a note of his…
1Opinion of the Court
The opinion of the Court was delivered hy
Bermudez, C. J.
The only question presented on appeal in this case for determination, is simply:
Whether the payment of a mortgage debt, assumed hy a vendee, as part of the price of sale, is or not secured hy vendor’s privilege on the property sold.
*166By Article 3126 of the Code of 1825, in force of the date of the sale and assumption, and which is Article 3249 of the R. C. C., it is clearly provided, that the payment of so much of the price of sale as remains unpaid, shall be secured by the vendor’s privilege.
■ If the note now sued on were one subscribed…
2Cases cited6 opinions
- Pickering v. MooreSupreme Court of New Hampshire · 1893
- Watson v. BondurantSupreme Court of the United States · 1874
- Chamberlain v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1887
- State v. Board of Public WorksSupreme Court of New Jersey · 1895
- Comegys v. DavidsonSupreme Court of Pennsylvania · 1893
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