Kyle v. Bayou Salé Planting & Drainage Co.
Supreme Court of Louisiana
Appeal from Twenty-Third Judicial District Court, Parish of St. Mary; Thomas M. Milling, Judge. Application of the South Bend Company for injunction in an action by William Kyle against the Bayou Salé Planting & Drainage Company. Judgment sustaining an exception of no cause of action to the petition was sustained, and petitioner appeals.
1Opinion of the CourtProyosty, J.
[1,2] Plaintiff has enjoined the seizure and sale of a plantation which he acquired from P. H. Hardy, and which .Hardy had acquired at sheriff’s sale. The question presented is whether at the sheriff’s sale the property passed to Hardy subject to the mortgage now sought to be foreclosed, or free of it. The rule of law is that at a sheriff’s sale the property passes subject to the mortgages superior in rank to the seizing creditor’s claim, but free of those inferior in rank. The mortgage sought to be foreclosed is for the interest upon a $110,000 mortgage. This mortgage as originally recorded…
2Cited by4 opinions
- Powell v. Superior Pure Ice Co.Supreme Court of Louisiana · 1932
- Kyle v. Bayou Sale Planting & Drainage Co.Supreme Court of Louisiana · 1915
- Kyle v. Bayou Sale Planting & Drainage Co.Supreme Court of Louisiana · 1915
- Pardee Co. v. Bodcaw Lumber Co.Louisiana Court of Appeal · 1925