Dimitry v. Pollock
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. ¡This is án executory action, by the wife of Dimitry, separated in',property, but assisted by her husband, against ^ George Póñock, for the seizure and sale of a lot of ground hi Gondé'street, New-Orleans, in virtue of her legal mort- ' "gage, .for jthe restitution pf her dowry.
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Eastern Dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. ¡This is án executory action, by the wife of Dimitry, separated in',property, but assisted by her husband, against ^ George Póñock, for the seizure and sale of a lot of ground hi Gondé'street, New-Orleans, in virtue of her legal mort- ' "gage, .for jthe restitution pf her dowry. She alleges, that in February, 1834, she obtained a judgment of separation of property from her husband, being for her dotal and paraphernal rights, amounting to twenty-seven thousand dollars, with interest. That she has been unable to make more than…
1Opinion of the CourtMartin, J.
The wife of Dimitry seeking to avail herself of her legal mortgage in order to satisfy a judgment which she had obtained against her husband, instituted a hypothecary action'against the defendant, who was in possession of a lot of ground, affected by her mortgage.
The defendant obtained an injunction, which was dissolved ; and he had judgment against Miller, his vendor, called in warranty; Miller had judgment against Dimitry; and judgment was given against Miller, in favor of G-asquet & Co., whom he had called in warranty. Pollock and Miller appealed.
The defendant obtained his injunction on…
2Cited by3 opinions
- Succession of GuilleminSupreme Court of Louisiana · 1847
- Dimitry v. PollockSupreme Court of Louisiana · 1843
- Oliver v. OliverSupreme Court of Louisiana · 1843