Wolfe v. Joubert
Supreme Court of Louisiana
PPEAL from the Eleventh District Court, Parish of St. Landry. l Perrault, J. 1. A plea of discussion in a hypothecary action is a dilatory plea and comes too late after default or answer filed. 34 An. 962. 2. A dilatory plea is waived by referring it to the merits without objection. 39 An. 624; 35 An. 284; 34 An. 966; 26 An. 312. 3. The defendant in a hypothecary action receives the full benefit of the plea of discussion if other property of the judgment debtor is sold…
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PPEAL from the Eleventh District Court, Parish of St. Landry. l Perrault, J. 1. A plea of discussion in a hypothecary action is a dilatory plea and comes too late after default or answer filed. 34 An. 962. 2. A dilatory plea is waived by referring it to the merits without objection. 39 An. 624; 35 An. 284; 34 An. 966; 26 An. 312. 3. The defendant in a hypothecary action receives the full benefit of the plea of discussion if other property of the judgment debtor is sold before trial and judgment and due credit is given for same on the debt claimed by the hypothecary creditor. 4. The defendant…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This is an hypothecary action brought against the two defendants, Ulysse and Homer Joubert, as third possessors *1102of property derived from the plaintiff’s judgment debtor, Phillip Thompson, subject to his duly recorded judicial mortgage; and the prayer of his petition is that same be ordered sold to pay that judgment in due course of proceedings.
Plaintiff’s averments are to the effect that on the 15th of December, 1890, he obtained a judgment against Thompson in the United States Circuit Court at New Orleans, in this State, for the sum of…
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