Ashbey v. Ashbey
Supreme Court of Louisiana
APPEAL from tlie Civil District Court, Parish of Orleans. Tissot, J. 1. When the property of one against whom judgment has been rendered is incumbered by mortgageshaving an apparent preference ov.er the judgment creditor, the lattor may, by rule, proceed to have such mortgages erased. 28 Ann. 753; 1 Ann. 330. 2. All dilatory pleas must be specially set forth in limine and before issue joiued otherwise not admissible.
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APPEAL from tlie Civil District Court, Parish of Orleans. Tissot, J. 1. When the property of one against whom judgment has been rendered is incumbered by mortgageshaving an apparent preference ov.er the judgment creditor, the lattor may, by rule, proceed to have such mortgages erased. 28 Ann. 753; 1 Ann. 330. 2. All dilatory pleas must be specially set forth in limine and before issue joiued otherwise not admissible. O. P. 333; 34 Ann. 966; 11 Ann. 491. 3. Going to trial without insisting upon previous action of the court on exceptions is a presumption of their waiver. 15 Ann. 188; 18-Ann.…
1Opinion of the Court
Tlie opinion of tlie Court was delivered by
Poché, J.
Plaintiff, as a natural tutrix of lier minor children, and joined herein by her children of age and by the tutor of one of her grandchildren, took a rule against tlie defendant personally, and as natural tutor of his joiner children, issue of his second marriage, to which *140tlie sheriff, and the recorder of mortgages of the Parish of Orleans were made parties, with a view to the cancellation of several mortgages affecting certain immovable property which had a short time before been adjudicated to her, and for other purposes.
One of the reliefs…
2Cases cited7 opinions
- Delavigne v. GaiennieSupreme Court of Louisiana · 1845
- Heirs of Kempe v. HuntSupreme Court of Louisiana · 1832
- French v. PrieurSupreme Court of Louisiana · 1843
- Holmes v. HemkenSupreme Court of Louisiana · 1843
- Florance v. MercierSupreme Court of Louisiana · 1831
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3Cited by24 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Succession of ToddSupreme Court of Louisiana · 1928
- De Hart v. Continental Land & Fur Co.Supreme Court of Louisiana · 1940
- Matthews v. Kansas City Southern Railway Co.Louisiana Court of Appeal · 1929
- Goodwin v. Bodcaw Lumber Co.Supreme Court of Louisiana · 1902
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