Legal Opinion

Patterson v. De La Ronde

Supreme Court of the United States

Decided November 15, 1869PublishedCited by 10 opinions

Error to the Circuit Court of the United States for Louisiana. The ease was thus: In April, 1853, Pierre Hoa sold to one Mrs. McGee a plantation and several slaves attacned thereto, in Louisiana, for- the sum of ninety-five thousand dollars, and for a portion of the purchase-money took her seven promissory notes, two of which were payable, respectively, in five and six years from date.

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Error to the Circuit Court of the United States for Louisiana. The ease was thus: In April, 1853, Pierre Hoa sold to one Mrs. McGee a plantation and several slaves attacned thereto, in Louisiana, for- the sum of ninety-five thousand dollars, and for a portion of the purchase-money took her seven promissory notes, two of which were payable, respectively, in five and six years from date. In the act of sale before the notary, which was subscribed by the parties, the officer, and the attending witnesses, the purchaser stipulated for a special mortgage on the property, as security for the payment…

1Opinion of the CourtJustice Field

The only error alleged in the action of the Circuit Court lies in its ruling upon the peremptory exception. It is contended here, as in that court) that the mortgage and vendor’s privilege of Iloa were prescribed, and that the prescription resulted from the failure to reinscribe the mortgage within ten years from the date of the first inscription.

It is supposed that support for this position is found in article 3333 of the Civil Code of Louisiana; and such would be the case if, in the construction of the article, we were confined to its language, as given in English, in the printed volunie…

2Cited by10 opinions

  1. Morrison v. Farmers & Traders' State BankMontana Supreme Court · 1924
  2. Ridings v. JohnsonSupreme Court of the United States · 1888
  3. Van Eepoel Real Estate Co. v. Sarasota Milk Co.Supreme Court of Florida · 1930
  4. Vombrack v. WavraIllinois Supreme Court · 1928
  5. Derryberry v. MattersonSupreme Court of Louisiana · 1939

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