Legal Opinion

Simonds v. McMichael

Supreme Court of Louisiana

Decided April 15, 1894No. 11,463PublishedCited by 6 opinions

APPLICATION from the Sixteenth District District Court, Parish of Tangipahoa. Reid, J. .Injunction to restrain the executipn of an order of seizure and sale by the debtor only lies in cases prescribed by Article 739, Code of Practice. Dupré vs. Anderson, 45 An. 1114. Attorney’s fees form part of the' capital, so that when the face amount of the note only is paid, it can not be said that the claim is satisfied.

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APPLICATION from the Sixteenth District District Court, Parish of Tangipahoa. Reid, J. .Injunction to restrain the executipn of an order of seizure and sale by the debtor only lies in cases prescribed by Article 739, Code of Practice. Dupré vs. Anderson, 45 An. 1114. Attorney’s fees form part of the' capital, so that when the face amount of the note only is paid, it can not be said that the claim is satisfied. The fees of the attorneys remaining unpaid have to be satisfied out of the proceeds. Zimmermann vs. Langles, 36 An. 65; Mullen vs. His Creditors, 39 An. 398; Levy, Jr., vs. Beasley, 41…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

This is an injunction suit against an executory proceeding in the enforcement of a special mortgage on property of which the plaintiffVlieges himself to have been in the actual and undisputed possession, under duly recorded titles, at the date of and antecedent to the seizure of the creditor.

The grounds on which his injunction is predicated are: (1) That he had not been judicially notified, prior to the issuance of the writ of seizure and sale, to pay the debt of the original mortgagor; (2) that no copy of the petition for and order of…

2Cited by6 opinions

  1. Jefferson v. GammSupreme Court of Louisiana · 1922
  2. Holland v. BryanSupreme Court of Louisiana · 1921
  3. Schaefer v. BrownLouisiana Court of Appeal · 1933
  4. Grenier v. GuillebertSupreme Court of Louisiana · 1919
  5. Ouachita Nat. Bank v. Shell Beach Const. Co.Supreme Court of Louisiana · 1920

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