Bank of Louisiana v. Delery
Supreme Court of Louisiana
Appeal from the Fifth District Court of New Orleans, Buchanan, J. cited Chambliss v. Atchison, 1 A. R. 488. contended that the case was one in which summary proceedings were authorised, citing Larthet v. Hogan, 1 A. R. 330; and that in such cases a trial by jury is not allowed. C.P. 401, 757. ON an application by the counsel of the appellant for a re-hearing, the opinion of the court was delivered by
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
The Bank of Louisiana obtained a judgment upon two mortgage notes, subscribed by the defendant Dclery, and endorsed by the two other defendants. The land mortgaged was sold to satisfy this judgment, and Michel Albert Habré claimed the price in the hands of the sheriff, by the way of third opposition, on the ground that he had a legal mortgage on the property anterior in date to that of the plaintiffs. The defendant Delery excepted to this proceeding, alleging it to be a revocatory action in disguise; and further, on the ground that the…
2Cited by4 opinions
- Layman v. Succession of WoulfeSupreme Court of Louisiana · 1915
- Metropolitan Bank v. BlaiseSupreme Court of Louisiana · 1902
- Mulling v. JonesLouisiana Court of Appeal · 1927
- MacRae v. SmithSupreme Court of Louisiana · 1904