Pele v. Meaux
Supreme Court of Louisiana
from the Second District Court of blew Orleans, Morgan, J. This is an executory proceeding, and the defendant appeals. The petitioner states that he is holder of a note for $3,000, made by defendant, the payment of which is secured by mortgage.
Read the full summary
from the Second District Court of blew Orleans, Morgan, J. This is an executory proceeding, and the defendant appeals. The petitioner states that he is holder of a note for $3,000, made by defendant, the payment of which is secured by mortgage. After reciting the act and making the usual allegations, he prays that the property mortgaged may be sold, and that out of the proceeds, he shall be paid the sum of $3,000, and $3 cost of protest, and $30 premium of insurance and the interest, and $150 attorney’s fee. The following order was given: “Let executory process issue in this case, as within…
1Opinion of the CourtHoweed, J.
This is an appeal from an order of seizure and sale, upon a note secured by mortgage and protested for non-payment.
Appellant, the mortgagor, assigns for error, on the face of the record :
1. The mortgage is not good and valid, according to law, because it purports to secure the payment of the premium of insurance and, the reimbursement of lawyers’ fees, and there is no exact, certain and determinate amount stated. C. C. 3277.
Because the waiver of appraisement cannot be legally made by the debtor and mortgagor.
The failure to declare in the act the exact amount of the premium of insurance (whióh…
2Cases cited2 opinions
- President of the Baltimore v. CrowtherCourt of Appeals of Maryland · 1885
- Hess v. BrownSupreme Court of Pennsylvania · 1886
3Cited by5 opinions
- Tapp v. Guaranty Finance CompanyLouisiana Court of Appeal · 1964
- Myrtle Grove Packing Company v. MonesSupreme Court of Louisiana · 1954
- MacK Trucks, Inc. v. DixonLouisiana Court of Appeal · 1962
- Bourgeois v. SazdoffLouisiana Court of Appeal · 1968
- Myrtle Grove Packing Company v. MonesSupreme Court of Louisiana · 1954