Florance v. Mercier
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. The plaintiff alleges he has applied to the defendant, who is recorder of mortgages for the city and parish of New Orleans, for a certificate to shew there is no privilege or mortgage on a house and lot belonging to him-, on the corner of New Levee and Julia streets, except one in favor of the Bank of the United States, and the recorder refuses to grant the certificate, in the form he requires it.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. The plaintiff alleges he has applied to the defendant, who is recorder of mortgages for the city and parish of New Orleans, for a certificate to shew there is no privilege or mortgage on a house and lot belonging to him-, on the corner of New Levee and Julia streets, except one in favor of the Bank of the United States, and the recorder refuses to grant the certificate, in the form he requires it. He prays that the recorder may be compelled to grant the certificate, and pay him $500 damages for the refusal and delay. The recorder in his answer…
1Opinion of the CourtMartin, J.
Roe •& Allison, having undertaken to build a house for the plaintiff, contracted with Hunter & Fagen, for the slating of the roof. The latter had the contract registered by the defendant, who is register of mortgages. The plaintiff wishing to dispose of the house, applied for his certificate, and the defendant refused to give one, unless with, a mention of the contract of the slateing with the plaintiffs undertaker.
The present suit is brought to compel the delivery of a certificate, without a mention of this contract, and for damages.
The disti'ict court was of opinion, “that the defendant had…
2Cited by5 opinions
- Ashbey v. AshbeySupreme Court of Louisiana · 1889
- Delavigne v. GaiennieSupreme Court of Louisiana · 1845
- Miller-Goll Manufacturing Co. v. Metropolitan Building Co.Louisiana Court of Appeal · 1915
- Musson v. Recorder of MortgagesLouisiana Court of Appeal · 1884
- Robinson & Co. v. CosnerSupreme Court of Louisiana · 1914