Legal Opinion

Casanova's Minors v. Aregno

Supreme Court of Louisiana

Decided December 15, 1831PublishedCited by 5 opinions

APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiffs caused two slaves to be seized and sold to satisfy a judgment which they had obtained against their natural tutrix for the balance of the account of her administration. It appeared that a conventional mortgage existed on these slaves in favor of the defendant, but of a posterior date to the tacit mortgage of the plaintiffs.

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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiffs caused two slaves to be seized and sold to satisfy a judgment which they had obtained against their natural tutrix for the balance of the account of her administration. It appeared that a conventional mortgage existed on these slaves in favor of the defendant, but of a posterior date to the tacit mortgage of the plaintiffs. The purchaser refused to pay the price of the slaves because the sheriff declined to raise the conventional mortgage; whereupon the plaintiffs took a rule upon the defendant and the…

1Opinion of the CourtMartin, J.

The plaintiffs showed that a writ offi. fa. having issued on a judgment they had obtained against their tutrix, the sheriff seized and sold two slaves; but the purchaser refused to pay the price because the sheriff declined to raise (according to the 708th article of the Code of Practice) a conventional mortgage in favor of the defendants, of a date posterior to that of the plaintiffs’ tacit and legal mortgage on their tutrix’s property; a rule was obtained against the defendant and the sheriff to show cause why the latter, on receiving from the purchaser the price of said slaves, should not…

2Cited by5 opinions

  1. Griffin v. His CreditorsSupreme Court of Louisiana · 1843
  2. Follain v. BroussardSupreme Court of Louisiana · 1844
  3. Childress v. AllinSupreme Court of Louisiana · 1841
  4. McCrea v. MarshallSupreme Court of Louisiana · 1846
  5. Nix v. Jos. Petrie & Co.Louisiana Court of Appeal · 1921

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