Conté v. Cain
Supreme Court of Louisiana
APPEAL from the Fifth District Court, parish of Orleans. Bogers, J. Eirst — Mortgages, "under the hypothecary system of Louisiana, may be given to secure debts having no legal existence at the date of the mortgage, and to secure loans to be obtained in the future on the faith of its security. C. C. 3292 (3259.) Such mortgage shall be realized, in so far as the promise shall be carried into effect, by the person making it.
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APPEAL from the Fifth District Court, parish of Orleans. Bogers, J. Eirst — Mortgages, "under the hypothecary system of Louisiana, may be given to secure debts having no legal existence at the date of the mortgage, and to secure loans to be obtained in the future on the faith of its security. C. C. 3292 (3259.) Such mortgage shall be realized, in so far as the promise shall be carried into effect, by the person making it. O. C. 3293 (3260.) Second — It is not essential in .such a mortgage, even with respect to third persons, that it should express on its face, that it was executed to secure…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a suit for the cancellation of mortgage inscriptions.
The plaintiff avers that she has obtained a judgment against Antonio Palacio for #9314 with interest, which was duly recorded on the 21st of June, 1875, in the mortgage office of this parish; that she issued execution under it and seized real estate belonging to the defendant; but that, owing to three inscriptions, made in said office, anterior to her own, apparently affecting the property to the extent of $53,000 with interest, etc., which by far exceeds the value of the real…
2Cases cited5 opinions
- Maurin & Co. v. RouquerSupreme Court of Louisiana · 1841
- Stein v. GibbonsSupreme Court of Louisiana · 1840
- Patton v. RyanSupreme Court of Pennsylvania · 1834
- Petit v. His CreditorsSupreme Court of Louisiana · 1831
- Delaware Insurance v. ArcherSupreme Court of Pennsylvania · 1832
3Cited by5 opinions
- Alabama-Florida Co. v. MaysSupreme Court of Florida · 1933
- Olivier, Voorhies & Lowrey v. MajorsSupreme Court of Louisiana · 1913
- People's Bank v. Shreveport Ice & Brewing Co.Supreme Court of Louisiana · 1918
- Moriarty v. WeissSupreme Court of Louisiana · 1939
- Provosty v. BrooksLouisiana Court of Appeal · 1925