Legal Opinion

Sundberry v. Bertie Sugar Co.

Supreme Court of Louisiana

Decided June 29, 1918No. 23021Published

On Rehearing. Certiorari to Court of Appeal, First Circuit. Executory process by Emil Sundberry against the Bertie Sugar Company, with intervention and third opposition by John H. Murphy. Judgment for plaintiff allowing claim by the third opponent was affirmed on appeal to the Court of Appeal, and Sundberry applies for certiorari or writ of review to the Court of Appeal, First Circuit.

1Opinion

On Rehearing.

Statement of the Case.

MONROE, C. J.

The undisputed facts of this case, correctly stated in the opinion heretofore handed down, are now restated merely as a matter of convenience in the reading of the opinion which follows, to wit:

On- April 6, 1906, the property now constituting Rosedale plantation was burdened with a first mortgage, by an act importing confession of judgment, and it was thereafter sold, subject to the mortgage, to the Rosedale Planting & Manufacturing Company, to which, under a duly recorded contract, of date May 7, 1910, John H. Murphy furnished the material and…

2Cases cited15 opinions

  1. Powell v. Florida Land & Improvement Co.Supreme Court of Florida · 1899
  2. In re Receivership of Augusta Sugar Co.Supreme Court of Louisiana · 1913
  3. Baldwin v. YoungSupreme Court of Louisiana · 1895
  4. Swoop v. St. MartinSupreme Court of Louisiana · 1903
  5. Hibernia Bank & Trust Co. v. C. F. Knoll Planting & Mfg. Co.Supreme Court of Louisiana · 1913

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