Erwin v. Jones
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE FOURTH DISTRICT, THE JUDGE THEREOF PRESIDING. The plaintiffs prayed for a sequestration of three slaves, mortgaged for their purchase money, alleging that the vendee has disposed of them to the defendant, in whose possession they now are.
Read the full summary
Eastern Dis. APPEAL PROM THE COURT OP THE FOURTH DISTRICT, THE JUDGE THEREOF PRESIDING. The plaintiffs prayed for a sequestration of three slaves, mortgaged for their purchase money, alleging that the vendee has disposed of them to the defendant, in whose possession they now are. The motion to dissolve the order of sequestration was. sustained, and the plaintiffs appealed. 1. The amendment to the Code of Practice, allows sequestration whenever the creditors has a lien or privilege. 2. The estate of Erwin is a privileged and mortgaged creditor, and has choice of remedy, either to proceed as…
1Opinion of the CourtPoRtee, J.
This case comes before us on an appeal from an interlocutory judgment of the court of the first instance, setting aside a writ of sequestration, which the plaintiffs had taken out on the inception of the suit.
The defendant is the third possessor of mortgaged property, and no ground is alleged for the sequestration, save that the plaintiffs have a lien on the property in the defendant’s hands.
So the question raised is whether the rights of a mortgagee creditor, can be enforced by the writ resorted to in this case.
By one of the provisions of the 275th article of the Code of Practice, mortgaged…
2Cited by1 opinion
- Sellick v. KellySupreme Court of Louisiana · 1845