Roche's Heirs v. Groysilliere
Supreme Court of Louisiana
APPEAL PEOM THE COVET OP THE FIEST JUDICIAL DISTEICT, JUDGE WATTS PEESIDING. This action commenced by the executory process, against mortgaged properly in the possession of a third person.
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APPEAL PEOM THE COVET OP THE FIEST JUDICIAL DISTEICT, JUDGE WATTS PEESIDING. This action commenced by the executory process, against mortgaged properly in the possession of a third person. The facts and pleadings of the case, are fully stated in the following opinion and judgment of the district judge : “ The heirs of Roche allege and prove, that Chretien gave his note, dated 29th March, 1825, to the widow Roche, payable one year afterdate, for one thousand six hundred dollars. The payment of this note was secured by a mortgage on a lot of ground, sixty by one hundred and twenty feet, at the…
1Opinion of the CourtRost, J.
This is an hypothecary action instituted against a third possessor, on an act bearing date the 29th of March, 1825, and importing confession of judgment. No opposition is made to the amount allowed by the District Court, or to the right of the plaintiff to recover it in this action, but the heirs of Walker have intervened, praying to be paid by preference out of the proceeds of the sale, the amount of a legal mortgage, anterior in date to that of the plaintiffs, and existing in their favor upon the same property.
It appears, that in 1824, Gerard Chretien, the original debtor of the plaintiffs,…
2Cited by1 opinion
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