Delahoussaye v. Dumartrail
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIFTH DISTRICT, THE JUDGE OF THE SIXTH PRESIDING. This is an hypothecary action against mortgaged property in the hands of the defendant as third possessor.
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APPEAL FROM THE COURT OF THE FIFTH DISTRICT, THE JUDGE OF THE SIXTH PRESIDING. This is an hypothecary action against mortgaged property in the hands of the defendant as third possessor. The plaintiff had a judgement against one Balthazar Delahoussaye in the probate court for the parish of St. Martin, for two thousand five hundred and sixty-four dollars, with interest; which recognised a general mortgage on all the estate of debtor which he possessed since the 14th of October, 1814. The defendant is in possession of a tract of land, purchased from B. Delahoussaye and subject to the plaintiff’s…
1Opinion of the CourtMartin, J.
The plaintiff is appellant from a judgement by which the defendant’s plea of prescription was sustained.
The object of the suit was to render a tract of land in the possession of the defendant liable to the plaintiff’s claim on his curator, whose property the land was, theretofore. The defendant pleaded that the plaintiff had by a notarial act, in which he was assisted by his curator, renounced his right of mortgage on the premises; and although he, the plaintiff, was then a minor, he could not now seek relief against such an act on the score of nullity or lesion, as more than four years had…
2Cited by2 opinions
- Ernest Realty Co. v. Hunter Co.Supreme Court of Louisiana · 1938
- Perret v. RousselSupreme Court of Louisiana · 1867