Citizens Bank v. Miller
Supreme Court of Louisiana
A PPEAL from the Ninth District Court, Parish of Concordia. Young, J. The mortgage creditor, with the act of mortgage containing the stipulation denon aUenmiclo, can not be affected by the expenditures which a third person, with full Knowledge of the mortgage, chooses to make upon the mortgaged property. If such expenditures are to be paid to the prejudice of the mortgage debt, the security arising from the mortgage would in most cases completely disappear.
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A PPEAL from the Ninth District Court, Parish of Concordia. Young, J. The mortgage creditor, with the act of mortgage containing the stipulation denon aUenmiclo, can not be affected by the expenditures which a third person, with full Knowledge of the mortgage, chooses to make upon the mortgaged property. If such expenditures are to be paid to the prejudice of the mortgage debt, the security arising from the mortgage would in most cases completely disappear. C. C., Art. 3397; Nathan ys. Lee, 2d N. S. 32; Guesnard vs. Soule, 8 An., p. 58; 1st Hennen’s Digest, p. 955, No. 1, et seq. One wlio…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
The Citizens Bank is the holder of a mortgage on the Point Pleasant plantation, executed in its favor by David P. Miller in 1838, and containing the pact de non alienando.
In the long period since the date of mortgage the property has experienced several changes of ownership.
In the .year 1882 its then owners transferred the property to the Excelsior Planting and Manufacturing Company, which was the owner and possessor in 1891, when the Citizens Bank, proceeding via executiva directly against the heirs of the original mortgagor, David F.…
2Cases cited5 opinions
- Daquin v. CoironSupreme Court of Louisiana · 1832
- Donaldson v. MaurinSupreme Court of Louisiana · 1830
- Mitchell v. CooleySupreme Court of Louisiana · 1843
- Ducros v. FortinSupreme Court of Louisiana · 1844
- Wiggin v. FlowerSupreme Court of Louisiana · 1843
3Cited by24 opinions
- Fontelieu v. FontelieuSupreme Court of Louisiana · 1906
- Levy v. DespositoSupreme Court of Louisiana · 1913
- Waterman v. DupeireSupreme Court of Louisiana · 1934
- City of Shreveport v. Gulf Oil Corp.District Court, W.D. Louisiana · 1975
- Cappel v. HundleySupreme Court of Louisiana · 1929
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