French v. Prieur
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. The plaintiff, as dative testamentary executor of Bernard Fox deceased, presented a petition to the District Court, representing that a sale had been made, under the orders of the Probate Court, of certain property belonging to the testator, for the purpose of paying the debts of the succession ; that he desires to cancel certain mortgages existing on the property, which the defendant, as Recorder of…
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Appeal from the District Court of the First District, Buchanan, J. The plaintiff, as dative testamentary executor of Bernard Fox deceased, presented a petition to the District Court, representing that a sale had been made, under the orders of the Probate Court, of certain property belonging to the testator, for the purpose of paying the debts of the succession ; that he desires to cancel certain mortgages existing on the property, which the defendant, as Recorder of Mortgages, refuses to do. The applicant prays for a mandamus to the Recorder commanding him to erase the said mortgages, or to…
1Opinion of the CourtGarland, J.
The petitioner alleges, that for the purpose of paying the debts of the estate of Fox, the Court of Probates of the Parish of Orleaná, ordered a sale of the property to take place at public auction, by the Register of Wills ; at which sale, certain lands and lots were sold, on which the deceased had given mortgages to different persons; that he is desirous of erasing these liens from the records kept in the defendants’ office, and that for this purpose he has made a public act, authorizing and requiring the said defendant to erase' the same, which has been presented to him and which he…
2Cases cited2 opinions
- State v. Le BlancSupreme Court of Louisiana · 1833
- Zacharie's Administrator v. PrieurSupreme Court of Louisiana · 1836
3Cited by9 opinions
- Ashbey v. AshbeySupreme Court of Louisiana · 1889
- Savage v. HolmesSupreme Court of Louisiana · 1860
- Delavigne v. GaiennieSupreme Court of Louisiana · 1845
- Davis v. MartinCourt of Appeals for the Fifth Circuit · 1902
- Succession of Jessen v. Calcasieu Building & Loan Ass'nSupreme Court of Louisiana · 1931
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