Interstate Trust & Banking Co. v. Powell Bros. & Sanders
Supreme Court of Louisiana
The Interstate Trust & Banking Company sued out an order of seizure and sale on a mortgage note against Powell Bros. & Sanders Company, Limited, and Thomas C. Win-gate, receiver. An appeal suspensive and devolutive was granted the receiver from an order dismissing his suspensive appeal from a decree of foreclosure and a suspensive appeal from the order of seizure and sale, and plaintiff applies,for writs of certiorari, mandamus, and prohibition.
1Opinion of the CourtLand, J.
The relator sued out an order of seizure and sale on- a mortgage note for $23,000 with 7 per cent, interest from date, and entitling the holder to recover attorney fees and costs as stipulated in the act of hypothecation. The receiver of the mortgagor petitioned for appeals, suspensive and devolutive, and prayed the court to fix the amount of the bond for both appeals. The judge fixed the amount of bond for each at the sum of $200. The receiver furnished bond with two sureties for $400 to cover both appeals.
Relator moved the court to set aside the said bond on the ground that the sureties…
2Cases cited2 opinions
- Reynolds v. EganSupreme Court of Louisiana · 1908
- State ex rel. Bankhead v. Judge of the Seventh District CourtSupreme Court of Louisiana · 1870
3Cited by5 opinions
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