Allen v. McDonald
Supreme Court of Louisiana
Appeal from Second Judicial District Court, Parish of Webster; J. N. Sandlin, Judge. Suit by J. I. Allen against O. F. McDonald,, in which the defendant pleaded prescription of five and ten years and no cause of action. Judgment for defendant, and the plaintiff appeals.
1Opinion of the Court
Statement of the Case.
MONROE, C. J.
This suit was instituted on October 13, 1915, on a note for $2,500, made by plaintiff and defendant (each promising to pay the whole amount), dated February 25, 1903, payable to the Bank of Webster, or order, on December 1, 1903, with interest, and with attorneys’ fees in the event of nonpayment, and paraphed, “Ne varietur, February 25, 1903,” by John M. Davies, N. P., to identify it with an act of mortgage of that date whereby its payment was intended to be secured, which mortgage bore on a certain tract of land in the parish of Red River. Plaintiff alleges:
2Cases cited2 opinions
- Richardson v. McDonaldSupreme Court of Louisiana · 1916
- Bank of Webster v. McDonaldSupreme Court of Louisiana · 1915
3Cited by1 opinion
- Dyck-O'Neal, Inc. v. SandsLouisiana Court of Appeal · 1999