Laplace v. Laplace
Supreme Court of Louisiana
APPEAL from the Eleventh District Oourt, Parish of Natchitoches. Pierson, J. On Motion to Dismiss. 1. Where the appeal is taken by petition out of court, citation is necessary. 581, 582, O. P. 2. An appeal bond which does not secure the costs of both courts is fatally defective, and the appeal will be dismissed.
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APPEAL from the Eleventh District Oourt, Parish of Natchitoches. Pierson, J. On Motion to Dismiss. 1. Where the appeal is taken by petition out of court, citation is necessary. 581, 582, O. P. 2. An appeal bond which does not secure the costs of both courts is fatally defective, and the appeal will be dismissed. C. P. 578, 579 ; 33 An. 421; 4 An. 3; 13 An. 417; 28 An. 805. ON THE Mehixs. 3. Article 684, O. P., which denounces nullity against a sale under execution where the bid does not exceed the mortgages, having a preference over the seizing creditor, has exclusive reference to prior…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff and the defendants owned in indivisión certain property in the parish of Natchitoches. They made an amicable division of said property, and in order to equalize amounts the defendants executed in favor of plaintiff their two notes in solido — one for $183.33, due September 1, 1887, and the other for $366.67, due July 18, 1888, and secured the same by mortgage and vendor’s privilege on the property received by them in the partition.
The first note was paid to plaintiff. It was agreed between the parties that in case “it became…
2Cited by3 opinions
- Morris v. FosterSupreme Court of Louisiana · 1939
- State ex rel. Union Cent. Life Ins. v. DunnSupreme Court of Louisiana · 1913
- Pilsbury v. Babington Bros.Supreme Court of Louisiana · 1916