Union Bank v. Dosson
Supreme Court of Louisiana
APPEAL from the District Court of the Parish of Franklin, Wilson, J. This is an application by plaintiff, for an order of seizure and sale against Mr. N. C. Dosson et aL, as owners and possessors of a tract of land and slaves, mortgaged by Hugh B. Johnson and his wife Mary Johnson, to the Branch of the Union Bank of Louisiana, at Avoyelles.
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APPEAL from the District Court of the Parish of Franklin, Wilson, J. This is an application by plaintiff, for an order of seizure and sale against Mr. N. C. Dosson et aL, as owners and possessors of a tract of land and slaves, mortgaged by Hugh B. Johnson and his wife Mary Johnson, to the Branch of the Union Bank of Louisiana, at Avoyelles. The amount claimed is $2500, with ten per cent interest from the 1st day of June, 1840. The act of mortgage was recorded 1st day of,.June, 1833, the date of the bond and mortgage declared on. The bond was for five thousand dollars, and half of which has…
1Opinion of the Court
By the court:
Rost, J.
This is an appeal from the refusal of the district judge to grant the plaintiffs an order of seizure and sale of certain property mortgaged to them, by H. B. Johnson and wife, to secure a loan of money, and now held by the defendants as third possessors.
The appellees pray for the affirmance of the judgment, on the following grounds : 1st. The mortgage, so far as they are concerned, has been lost, for want of reinscription within ten years. 2d. The evidence upon which the order is asked, is not all authentic. 3d. The claim against the principal debtor) is barred by lapse…
2Cited by3 opinions
- Cullota v. WashingtonLouisiana Court of Appeal · 1927
- American Nat. Bank v. BaumanSupreme Court of Louisiana · 1932
- Zimmer v. CaumontLouisiana Court of Appeal · 1939