Gasquet v. Dimitry
Supreme Court of Louisiana
AITEAL PROM TIIE COURT OP THE PIRST JUDICIAL DISTRICT. This case arises under a rule taken by the purchaser of two lots and improvements thereon, seized and sold by the plaintiffs, as the property of A. Dimitry, on the sheriff and the creditors of Dimitry, who had mortgages to show cause why they should not be erased and cancelled.
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AITEAL PROM TIIE COURT OP THE PIRST JUDICIAL DISTRICT. This case arises under a rule taken by the purchaser of two lots and improvements thereon, seized and sold by the plaintiffs, as the property of A. Dimitry, on the sheriff and the creditors of Dimitry, who had mortgages to show cause why they should not be erased and cancelled. Mrs. Dimitry, the wife of the defendant, made opposition to the rule, on the ground that she had a prior mortgage t.o that bf the plaintiffs, under which the property was sold, resulting from a marriage contract, passed before Pedesclaux-, notary public, the 4th…
1Opinion of the CourtBullard, J.
The plaintiffs having caused to be sold, under an order of seizure and sale, a certain lot of land belonging to the'defendant, Dimitry, took a rule on the present appellant, Madame Dimitry, to show cause why the sheriff should not erase her mortgage on the property sold. She shows for cause that she has a prior legal mortgage on the property of her husband, resulting from her marriage contract, and recognised by judgment of a competent tribunal, which had pronounced a separation of property between them. ,
The certificate of the register of mortgages sets forth a general mortgage in favor of…
2Cited by6 opinions
- Vanhille v. Her HusbandSupreme Court of Louisiana · 1843
- Foster v. BloomSupreme Court of Louisiana · 1859
- Ilfeld v. De BacaNew Mexico Supreme Court · 1905
- Chavez v. McKnightNew Mexico Supreme Court · 1857
- Dimitry v. PollockSupreme Court of Louisiana · 1843
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