Lesassier v. Dashiell
Supreme Court of Louisiana
Appeal from the court of the fourth district for the parish of Iberville, the judge thereof presiding. [195] This is an hypothecary action by Luke Lesassier against mortgaged property in the possession of the defendant.
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Appeal from the court of the fourth district for the parish of Iberville, the judge thereof presiding. [195] This is an hypothecary action by Luke Lesassier against mortgaged property in the possession of the defendant. The plaintiff shows, that he obtained a judgment in 1838, ágainst his tutor, Timoleon Lesassier, for upwards of $1Y,000, with right of mortgage resulting from the tutorship on all the property of the said T. Lesassier, held and owned by him since the 24th May, 1829, the date of his tutorship. He further shows, that upwards of $3,000 have been paid on said judgment, leaving…
1Opinion of the CourtSimon, J.
On the issuing of an order of seizure and sale at the suit of the plaintiff against the defendant, Dashiell, as third possessor of certain real property and slaves, formerly owned and possessed by Timoleon Lesassier, his, said plaintiff’s, former tutor, to satisfy a sum of $14,151, with interest; and to secure which, he alleged, in his petition, to have a tacit and general mortgage on all the property of his said tutor; said defendant made opposition to the said order of seizure and sale, and obtained and sued out a writ of injunction, on the grounds: 1st. That the alleged mortgage had been…
2Cases cited1 opinion
- Le Blanc v. His CreditorsSupreme Court of Louisiana · 1840
3Cited by3 opinions
- National Acceptance Co. of America v. WallaceSupreme Court of Louisiana · 1967
- Barnard v. ErwinSupreme Court of Louisiana · 1842
- Pike v. MongetSupreme Court of Louisiana · 1849