Legal Opinion

Hibernia Nat. Bank v. Succession of Gragard

Supreme Court of Louisiana

Decided January 19, 1903No. 14,253PublishedCited by 7 opinions

Appeal from civil district court, parish of Orleans; George H. Théard, Judge. Action by the Hibernia National Bank against the succession of John J. Gragard. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtBreaux, J.

'This action is before us on an appeal from judgment making a writ of injunction perpetual and rescinding an order of foreclosure.

The Hibernia National Bank obtained executory process against the succession of John J. Gragard on two notes secured by mortgage of $1,500 each, pledged by Gragard on December 3, 1898, to the bank, as collateral security for a loan of $3,000 made by the bank to Gragard on the day.

The pledgor having departed this life, the administrator of his succession sued out an injunction without bond, on the ground that the notes and mortgages in question were paid. On the…

2Cases cited3 opinions

  1. Hill v. HallSupreme Court of Louisiana · 1843
  2. Succession of PhillipsSupreme Court of Louisiana · 1897
  3. Pertuit v. DamareSupreme Court of Louisiana · 1898

3Cited by7 opinions

  1. Thrift Funds Canal, Inc. v. FoySupreme Court of Louisiana · 1972
  2. Hirsch v. People's Bank of PlaquemineCourt of Appeals for the Fifth Circuit · 1917
  3. Baton Rouge Wood Products, Inc. v. EzellLouisiana Court of Appeal · 1966
  4. McCaffrey v. WiseLouisiana Court of Appeal · 1963
  5. Halliburton Co. v. SnowdenLouisiana Court of Appeal · 1966

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API