Legal Opinion

Roos v. Rogers

Supreme Court of Louisiana

Decided March 12, 1917No. 20851PublishedCited by 4 opinions

Appeal ¿from First Judicial District Court, Parish of Caddo; J. R. Land, Judge. Action by Ed. Roos against B. F. Rogers and others. From judgment for defendants, plaintiff appeals.

1Opinion of the CourtLand, J.

In the case of Rogers v. Binyon, 124 La. 95, 49 South. 991, the plaintiff sued via ordinaria on three promissory notes executed by the defendant, and secured by special mortgage and vendor’s privilege on certain lands sold by the plaintiff to the defendant.

By special stipulation in the act of sale and mortgage, the liability of the purchaser and maker of the notes was restricted to the property sold, and no proceedings were to be taken against the purchaser except to foreclose on the property.

The suit was brought against the defendant, as a nonresident, represented by a curator ad hoc.

The…

2Cases cited4 opinions

  1. Dumouchel v. LemerickSupreme Court of Louisiana · 1869
  2. Rogers v. BinyonSupreme Court of Louisiana · 1909
  3. Brooks v. WalkerSupreme Court of Louisiana · 1848
  4. Levy v. LakeSupreme Court of Louisiana · 1891

3Cited by4 opinions

  1. Hibernia Bank & Trust Co. v. LacosteSupreme Court of Louisiana · 1938
  2. Ouachita Nat. Bank v. FullerSupreme Court of Louisiana · 1925
  3. Gaspard v. CocoSupreme Court of Louisiana · 1945
  4. J. D. Cathey, Inc. v. HenriquesSupreme Court of Louisiana · 1926

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