Macarty v. Landreaux
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. This is an action to make the recorder of mortgages responsible for the consequences of erroneously erasing a special mortgage, on certain real property, in favor of the plaintiff.
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Appeal from the District Court of the First District, Buchanan, J. This is an action to make the recorder of mortgages responsible for the consequences of erroneously erasing a special mortgage, on certain real property, in favor of the plaintiff. The facts of the case are succinctly set forth in the petition — the granting of the mortgage; its registry; its having been illegally cancelled and erased by the defendant; the sale of the property, subject to the mortgage, to an innocent purchaser, without notice; and the inability of the mortgagor to pay the debt; with other circumstances to fix…
1Opinion of the Court
Morphy J.
This suit is brought to make the defendant responsible for the consequences of erroneously erasing from his books, as recorder of mortgages, a special mortgage on real property in favor of the plaintiff. The petition sets forth in substance, that Macarty, Martin Duralde, and Etienne Carraby, sold to P. Guesnon three undivided fourths of twelve lots of ground, the other undivided fourth of which belonged to Guesnon ; that, in the division of the notes proceeding from this sale, the plaintiff became the holder of a note of $2250, drawn by Guesnon to his order, which was secured by a…
2Cited by16 opinions
- Gallagher v. ConnerSupreme Court of Louisiana · 1915
- Zimmer v. FryerSupreme Court of Louisiana · 1938
- Mechanics' Building Ass'n v. FergusonSupreme Court of Louisiana · 1877
- Freeland v. CarmoucheSupreme Court of Louisiana · 1933
- Davis-Wood Lumber Company v. DeBrueysLouisiana Court of Appeal · 1967
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