Forstall & Co. v. Blanchard
Supreme Court of Louisiana
Eastern Dist. APPEAL PROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF "WEST BATON ROUGE, THE JUDGE THEREOF PRESIDING. So, a debtor is presumed to have greater interest in discharging a mortgage than a chirographery debt, when both are equally due and payable; and imputation of payment must be made accordingly. This is an action to recover two slaves, which the defendants had convej^ed to the plaintiffs by a vente U réméré.
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Eastern Dist. APPEAL PROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF "WEST BATON ROUGE, THE JUDGE THEREOF PRESIDING. So, a debtor is presumed to have greater interest in discharging a mortgage than a chirographery debt, when both are equally due and payable; and imputation of payment must be made accordingly. This is an action to recover two slaves, which the defendants had convej^ed to the plaintiffs by a vente U réméré. The plaintiffs show, that on the 11th of April, 1833, Blanchard and wife, by notarial act, conveyed to them two slaves, Bob and Lindor, for and in…
1Opinion of the CourtMartin, J.
The plaintiffs’ claim to be put in possession and declared' to be the legal owners of two slaves, which they allege to have been conveyed to them by a sale, ti, réméré, the defend-ants having failed to repay the price at the period fixed in1 the conveyance.
The defendants severed in their answers. The husband' denied the right of the plaintiffs as members of the firm, to maintain any action on the notarial act referred to in, and annexed to the petition, and pleaded that before the day of payment, the plaintiffs received from him a sum of money, which they ought to have applied to the…
2Cited by4 opinions
- In re William P. Copping Sheet Plate & Iron Works, Inc.District Court, E.D. Louisiana · 1926
- Johnson v. AndersonSupreme Court of Arkansas · 1875
- New Orleans Insurance v. TioSupreme Court of Louisiana · 1860
- CompagnoLouisiana Court of Appeal · 1919