Morris v. Cain
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. The appellant has waived his right to he heard on the appeal in this case, by voluntarily paying the debt of the seizing creditor. Ho is subrogated to the rights of the latter. C. C. 2161. There can be no intervention by one of the purchasers of mortgaged property, in a proceeding by executory process for the foreclosure of a mortgage. Intervention is only allowable in pending suits between parties.
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APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. The appellant has waived his right to he heard on the appeal in this case, by voluntarily paying the debt of the seizing creditor. Ho is subrogated to the rights of the latter. C. C. 2161. There can be no intervention by one of the purchasers of mortgaged property, in a proceeding by executory process for the foreclosure of a mortgage. Intervention is only allowable in pending suits between parties. C. P. 389, 394. One of tbe purchasers alone cannot provoke aconoursus, and withoutmaking the other party. The sheriff…
1Opinion of the Court
The opinion of the Court -svas delivered
Fennée, J,
Moses Lobe & Co., who are called intervenors,,the adjudícateos of valuable property at sheriff’s sale.made.under executory process in this case, file a petition called an intervention, in which they, allege that fact, and' further' aver, substantially, that various named; persons claim mortgage and other rights upon said property,, and “all; are claiming from petitioners the .proceeds of said property, and' claim priority.” They, therefore, prayed that said parties be cited to appear- and contest their claims to the fund contradictorily with…
2Cited by8 opinions
- Gulf Refining Co. of Louisiana v. GlassellSupreme Court of Louisiana · 1936
- Gliptis v. Fifteen Oil Co.Supreme Court of Louisiana · 1943
- Spencer v. Children's HospitalSupreme Court of Louisiana · 1983
- Sondes v. Sears, Roebuck and Co.Louisiana Court of Appeal · 1986
- Allen v. Shreveport Mut. Bldg. Ass'n.Supreme Court of Louisiana · 1935
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