McElrath v. Dupuy
Supreme Court of Louisiana
APPEAL from the Court of Probates of Carroll, Harris, J. The facts of this case are fully stated in the opinion of the court. By the' death of Gibson the rights of the parties were fixed. Buard v. Lemée, 12 Rob. 243. At the time of his dentil plaintiff had obtained a judgment recognising his mortgage and ordering its execution. The property was seized and offered for sale. Gibson’s death prevented the sale.
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APPEAL from the Court of Probates of Carroll, Harris, J. The facts of this case are fully stated in the opinion of the court. By the' death of Gibson the rights of the parties were fixed. Buard v. Lemée, 12 Rob. 243. At the time of his dentil plaintiff had obtained a judgment recognising his mortgage and ordering its execution. The property was seized and offered for sale. Gibson’s death prevented the sale. An insurmountable barrier was interposed by operation of law; and he cannot be made to suffer for not doing what he could not do. The judgment ordering the execution of the mortgage is res…
1Opinion of the Court
The judgment of the court was pronounced by
Kino, J.
Cavern and wife, by an act of sale bearing date the 31st of December, 1834, sold to Fowles Sf Green, a tract of land for §15,514 CO ; of which sum §4,000 was paid in easlr, and for the residue of §11,514 CO, a note was-given, payable live years after its date, bearing ten per cent interest, and a mortgage retained on the property sold to secure its payment. This land, after several mesne conveyances, was purchased by Gibson. After the death of Cavern, the plaintiff, as his administrator, instituted a suit against Fowles Sf Green, as the…
2Cited by10 opinions
- Succession of Roux v. GuidryLouisiana Court of Appeal · 1966
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- Bickham v. WomackSupreme Court of Louisiana · 1935
- Harris v. Guardian Funds, Inc.Louisiana Court of Appeal · 1983
- Bounds v. T. L. James & Co.District Court, W.D. Louisiana · 1954
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