Legal Opinion

Hyde v. Bennett

Supreme Court of Louisiana

Decided September 15, 1847PublishedCited by 9 opinions

Appeal by the defendants and -warrantors from a judgment of the District Court of Natchitoches, Olcotl, J.

1Opinion of the Court

The judgment of the court was pronounced by

SniDEim, J.

This is an hypothecary action, in which the plaintiff prays that a tract of land in the possession of the defendants may be adjudged to be subject to a mortgage executed by Cockerille in favor of plaintiff, and that the defendants be ordered to surrender the property, that the same may be seized and sold to pay the plaintiff’s claim. The facts material to the decision of this case are, as follows: On the 10th June, 1834, Cockerille gave Hyde a mortgage on the land, for the sum of 554,604 16. This mortgage contains no pact de non alienando.…

2Cases cited2 opinions

  1. Graves v. HemkenSupreme Court of Louisiana · 1845
  2. Clark v. ClarkThe Superior Court of New York City · 1868

3Cited by9 opinions

  1. Succession of Roux v. GuidryLouisiana Court of Appeal · 1966
  2. Miller v. American Mut. Liability Ins. Co.Louisiana Court of Appeal · 1949
  3. Harris v. Guardian Funds, Inc.Louisiana Court of Appeal · 1983
  4. Bounds v. T. L. James & Co.District Court, W.D. Louisiana · 1954
  5. Lally v. TaylorLouisiana Court of Appeal · 1960

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