Clarke v. Rosenda
Supreme Court of Louisiana
Rule by the assignee of Zabriskie on Rosenda, and the Sheriff of the District Court of the First District, to show cause why a writ of prohibition should not be directed to them, restraining any further proceedings under an order from the District Court of the First District, for the seizure and sale of certain property of the bankrupt, which had been mortgaged to Rosenda, but was subsequently placed on the list of property surrendered by the bankrupt.
1Opinion of the CourtGarland, J.
Zabriskie, being indebted to Rosenda in a large *28sum, executed a mortgage to him in the usual form under the articles of our code. The debt, not being paid at maturity, was renewed at different periods, as is fully stated in the case of Rosenda v. Zabriskie, 4 Robinson, 493; and finally executory process was issued, for the purpose of having the mortgaged premises seized and sold, according to articles 732, 733, et seq., of the Code of Practice. To the execution of this order, or decree, Zabriskie jnade opposition, under articles 739, et seq., of the Code of Practice.- The opposition was tried…
2Cases cited1 opinion
- Roasenda v. ZabriskeSupreme Court of Louisiana · 1841
3Cited by6 opinions
- Vos v. United InsuranceNew York Supreme Court · 1801
- State ex rel. Hibernia National Bank v. Judges of Court of Appeals First CircuitSupreme Court of Louisiana · 1897
- First Nat. Bank v. Powell Bros. & Sanders Co.Supreme Court of Louisiana · 1911
- State ex rel. Hiern v. St. PaulSupreme Court of Louisiana · 1900
- Meekins, Kelly & Co. v. Their CreditorsSupreme Court of Louisiana · 1867
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