Ker v. Evershed
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. ft is a plain and elementary legal proposition that errors of names, description and numbers in private or public acts will be corrected upon proper evidence so as to conform to facts and to the intention of the parties. 36 Ann. 549, 870 ; 35 Ann. 560; 33 Ann. 1033; 26 Ann. 545; 20 Ann. 211; 1 Greenl.
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. ft is a plain and elementary legal proposition that errors of names, description and numbers in private or public acts will be corrected upon proper evidence so as to conform to facts and to the intention of the parties. 36 Ann. 549, 870 ; 35 Ann. 560; 33 Ann. 1033; 26 Ann. 545; 20 Ann. 211; 1 Greenl. Ev. § 296 Ann.; 1 H. I)., p. 541, Ho. 6. The manner in which parties have executed a contract furnishes a guide for its interpretation. O. C. 1956 (1951) 9 Ann. 29 (31) ; 35 Ann. 102; 34 Ann. 1184. 1. The titles of the…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
On June 8, 1868, Robert J. Ker mortgaged to A. Cliiapella four certain lots of ground to secure the sum of twelve thousand dollars represented by four promissory notes, payable one year after date.
In 1878, Mrs. Emelie Everslied, as holder of two of said notes, and F. B. Henriquez, as holder of one, brought separate suits, via ordinaria, against Robert' J. Ker, who was duly cited, but suffered judgment by default to go against him.
The petitions hied in said suits set forth the debts claimed and’the mortgage by which they were secured, the act…
2Cited by39 opinions
- Snelling v. AdairSupreme Court of Louisiana · 1940
- First State Bank & Trust Co. v. SEVEN GABLES CO.Louisiana Court of Appeal · 1986
- Price v. TaylorLouisiana Court of Appeal · 1962
- Southwest Gas Producing Co. v. Hattie BrothersSupreme Court of Louisiana · 1956
- Rodgers v. S. H. Bolinger Co.Supreme Court of Louisiana · 1921
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