Bienvenu v. Factors' & Traders' Insurance
Supreme Court of Louisiana
^PPEAL from the Sixth District Court, parish of Orleans. Saucier, Any alienation or encumbrance of property mortgaged with the pact of non-alienation, is void and of no effect, as against the mortgagee. The third holder of such property is not a third possessor, nor entitled to the rights of one.
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^PPEAL from the Sixth District Court, parish of Orleans. Saucier, Any alienation or encumbrance of property mortgaged with the pact of non-alienation, is void and of no effect, as against the mortgagee. The third holder of such property is not a third possessor, nor entitled to the rights of one. "The holder of a mortgage note secured with such a pact may proceed against the property and the mortgageor, without making party to his suit any third owner, either via executiva or via ordinaA'ia, and just as if the property had not changed owners. A third owner can set up no defenses which the…
1Opinion
On the Merits.
Second — An action of partition against C and D cannot be cumulated with a petitory action* against M. Mayor vs. Armant, 14 A. 181; Theurer vs. Schmidt, 10 A. 293. Third — A petitory action is not a summary case, and cannot be fixed and tried as such. Fourth — Plaintiff, in petitory action, can only succeed on the strength, of his* own title and» not by the weakness of that of his adversary. C. P. 44. DeArmas vs. New Orleans, 5 L. 183; Bailey vs. Percy, 44 L. 14; Landreauxvs. Foley, 13 An. 114; Hiestand vs. Forsyth, 12 An. 372; Carraby vs. LeBreton, 2 B. 242 ; Hart vs. Foley, 1…
2Cases cited1 opinion
- State v. Central Savings BankCourt of Appeals of Maryland · 1887