Legal Opinion

Carlin v. Gordy

Supreme Court of Louisiana

Decided July 15, 1880No. 1081PublishedCited by 22 opinions

APPEAL from the Nineteenth Judicial District Court, parish of St. Mary. Goocle, J. First — To preserve vendor’s liens as against third persons, the public record must contain on its face a substantial description and identification of the the thing affected. The words “ for balance due on a sugar mill and machinery ” is not a sufficient identification.

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APPEAL from the Nineteenth Judicial District Court, parish of St. Mary. Goocle, J. First — To preserve vendor’s liens as against third persons, the public record must contain on its face a substantial description and identification of the the thing affected. The words “ for balance due on a sugar mill and machinery ” is not a sufficient identification. Second — If there be no lien as between the seizing creditor and the seized debtor, a mill and machinery attached to land cannot be seized and sold separately from the land. Third — If there be lien as between the parties, but none as to third…

1Opinion of the Court

The opinion of the Court was delivered by

Fenner. J.

This is a contest between Mrs. Birg, one of the defendants, holding a judgment against E. Carlin recognizing a vendor’s lien upon a sugar mill and machinery now attached to the latter’s plantation, and plaintiff, a creditor of said E. Carlin, having a special mortgage on said plantation.

Plaintiff had seized the plantation under executory process, but, upon injunction being taken out by the debtor, he filed answer thereto, converting his proceeding from an action vid exeeutivd to one vid ordinaria.

Although his seizure had not been formally…

2Cited by22 opinions

  1. In Re TrahanDistrict Court, W.D. Louisiana · 1968
  2. In re Receivership of Augusta Sugar Co.Supreme Court of Louisiana · 1913
  3. Swoop v. St. MartinSupreme Court of Louisiana · 1903
  4. Caldwell v. Laurel Grove Co.Supreme Court of Louisiana · 1932
  5. Cristina Inv. Corporation v. Gulf Ice Co.Louisiana Court of Appeal · 1951

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