Latiolais v. Citizens' Bank
Supreme Court of Louisiana
APPEAL from the Twenty-ñrst Judicial District Court, parish of St. Ul Martin. Fontelieu, J. Transferred to New Orleans by consent of parties. First — Mortgages are prescribed by thirty years, with the exception of such as are specially excepted. Conventional mortgages are not excepted. Second —Stock loan notes are prescribed by five years from the date they are exigible.
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APPEAL from the Twenty-ñrst Judicial District Court, parish of St. Ul Martin. Fontelieu, J. Transferred to New Orleans by consent of parties. First — Mortgages are prescribed by thirty years, with the exception of such as are specially excepted. Conventional mortgages are not excepted. Second —Stock loan notes are prescribed by five years from the date they are exigible. Third — Executory process cannot issue for the payment of stock contributions unless there be authentic evidence annexed to petition, showing that such contributions are due. Fourth — The Acts of 1852 and 1853 are…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an injunction suit, arresting an executory process issued by the Citizens’ Bank for the balance of two reduced *1447stock mortgage notes, with interest, and of certain contributions, or calls, on reduced stock.
The plaintiff, in her capacity of administratrix of the succession of O. S. Duclozel, the original mortgageor and subscriber of the notes, has set up numerous defences in support of a prayer for complete exoneration from all liability, many of which were urged in the lower, and others in this court.
We understand that the object…
2Cases cited1 opinion
- Waln v. City of BeverlySupreme Court of New Jersey · 1893
3Cited by19 opinions
- General Motors Acceptance Corp. v. AnzelmoSupreme Court of Louisiana · 1953
- Scott v. CorkernSupreme Court of Louisiana · 1956
- Isaacs v. Van HooseSupreme Court of Louisiana · 1930
- Studebaker Bros. Manufacturing v. EndomSupreme Court of Louisiana · 1899
- Coreil v. VidrineSupreme Court of Louisiana · 1937
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