Casanova's Minors v. Aregno
Supreme Court of Louisiana
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…
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