First National Bank, USA v. DDS Construction, LLC
Supreme Court of Louisiana
1Opinion of the Court
CLARK, Justice.
|,The issue presented in this matter arose in connection with a motion to rank creditors in a suit for executory process. The district court held a notarial act which cancelled a mortgage could be corrected by an act of correction under La. R.S. 35:2.1 and the lender which erroneously cancelled the mortgage maintained its rank relative to a subsequent mortgage under the statute’s provisions. The court of appeal disagreed, holding under these facts the subsequent mortgage primed the mortgage by the first lender, which must be ranked as of the time of the act of correction. After…
Also in this document: Dissent.
2Cases cited21 opinions
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- MJ Farms, Ltd. v. Exxon Mobil Corp.Supreme Court of Louisiana · 2008
- Louisiana Municipal Association v. StateSupreme Court of Louisiana · 2005
- Cleco Evangeline v. Louisiana Tax Com'nSupreme Court of Louisiana · 2002
- City of New Orleans v. ASSESSORS'RETIREMENT AND RELIEF FUNDSupreme Court of Louisiana · 2008
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3Cited by21 opinions
- Quality Environmental Processes, Inc. v. I.P. Petroleum Co.Louisiana Court of Appeal · 2014
- Milbert v. Answering Bureau, Inc.Supreme Court of Louisiana · 2013
- State v. Louisiana Land & Exploration Co.Supreme Court of Louisiana · 2013
- Specialized Loan Servicing, L.L.C. v. JanuarySupreme Court of Louisiana · 2013
- City of Bossier City v. VernonSupreme Court of Louisiana · 2012
16 more not listed; retrieve them via the Exa API.