Collins v. Batterson
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE EIGHTH DISTRICT, THE JUDGE OP THE SECOND PRESIDING. The plaintiff a minor above the age of puberty, commenced suit by attachment in the Court oi Probates against his tutor (an absentee) and obtained a judgment for two thousand seven hundred and eleven dollars; • to enforce which the present action was brought against the third possessor of a lot of ground upon which the plaintiff alleged, he had a general and tacit mortgage, resulting from the…
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APPEAL PROM THE COURT OP THE EIGHTH DISTRICT, THE JUDGE OP THE SECOND PRESIDING. The plaintiff a minor above the age of puberty, commenced suit by attachment in the Court oi Probates against his tutor (an absentee) and obtained a judgment for two thousand seven hundred and eleven dollars; • to enforce which the present action was brought against the third possessor of a lot of ground upon which the plaintiff alleged, he had a general and tacit mortgage, resulting from the maladministration of his tutor. To support his action the plaintiff offered in evidence the record of the judgment…
1Opinion of the CourtMathews, J.
This suit is brought against a third possessor of a house and lot, in the town of Covington, to compel him either to relinquish the property or pay a debt to the plaintiff, for which he alleges it to be legally mortgaged. Previous to the institution of the present action the plaintiff had obtained a judgment against his tutor for the amount now claimed in an attachment suit, the latter having left the state without intention of returning. That suit was prosecuted in the Probate Court of St. Tammany. The present case was tried by a jury, who found a verdict for the defendant, and judgment…
2Cited by2 opinions
- Viguerie v. MathesLouisiana Court of Appeal · 1929
- Leckie v. FennerSupreme Court of Louisiana · 1844