Legal Opinion

Theriot v. Daigle

Supreme Court of Louisiana

Decided January 31, 1910No. 17,736PublishedCited by 8 opinions

Appeal from Twenty-Third Judicial District Court, Parish of St. Mary; Henry D. Smith, Judge ad hoe. Action by Alfred Theriot against Pierre Daigle and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtLand, J.

Plaintiff, as a judgment creditor of the defendant Pierre Daigle in the sum of $336.93, with interest and costs, instituted suit to annul and cancel as a fraudulent simulation a certain recorded special mortgage to secure a note for $2,500, executed by Pierre Daigle in favor of Telemaque Dumesnil or any future holder.

Defendant Dumesnil filed an exception of no cause of action, which was overruled.

The same defendant then filed an exception of want of proper parties, because the mortgage note had been by him transferred for a valuable consideration and in the ordinary course of business. The…

2Cases cited2 opinions

  1. Ashbey v. AshbeySupreme Court of Louisiana · 1889
  2. State v. Le BlancSupreme Court of Louisiana · 1833

3Cited by8 opinions

  1. Dunham v. Town of SlidellSupreme Court of Louisiana · 1913
  2. State v. McIntoshSupreme Court of Louisiana · 1917
  3. Phillips v. Great Southern Mortg. & Loan Corp.Louisiana Court of Appeal · 1977
  4. Wilkinson v. PoagLouisiana Court of Appeal · 1938
  5. Kinchen v. LigamariLouisiana Court of Appeal · 1930

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