Landry v. L'Eglise
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE FOURTH DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. On the 11th of April, 1813, the plaintiff executed to the defendant his promissory note, for two hundred and twenty-five dollars, payable in March, 1814, the payment of which was subsequently secured by an act of mortgage on a tract of land, bearing date July 1st, 1824. On the 28th September, 1831, the defendant obtained an order of seizure and sale, which was enjoined by the plaintiff, on the…
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APPEAL PROM THE COURT OP THE FOURTH DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. On the 11th of April, 1813, the plaintiff executed to the defendant his promissory note, for two hundred and twenty-five dollars, payable in March, 1814, the payment of which was subsequently secured by an act of mortgage on a tract of land, bearing date July 1st, 1824. On the 28th September, 1831, the defendant obtained an order of seizure and sale, which was enjoined by the plaintiff, on the ground that the note was prescribed and the mortgage extinguished. Upon hearing, the injunction was dissolved, and in…
1Opinion of the CourtPorter, J.
The defendant held a promissory note of the plaintiff’s dated the 11th April, 1813, secured by a mortgage, executed on the first July, 1824. The 15th August, 1831, an order of seizure and sale issued to enforce payment, of the debt thus secured.
The plaintiff applied for, and obtained an injunction to stay the execution of this writ. In his petition, he states, that *220the “note on which the order of seizure and sale is granted, wag pregcrihed, and the mortgage extinguished, by the prescription established against said note.”
In this petition, the defendant answered, that the matters therein…
2Cited by13 opinions
- Hyman v. Hibernia Bank & Trust Co.Supreme Court of Louisiana · 1916
- Aegis Insurance Co. v. Delta Fire & Casualty Co.Louisiana Court of Appeal · 1958
- Dufrene v. TracySupreme Court of Louisiana · 1957
- Chambliss v. AtchisonSupreme Court of Louisiana · 1847
- Smith v. TaylorSupreme Court of Louisiana · 1845
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