Heirs of Kempe v. Hunt
Supreme Court of Louisiana
APPEAL FROM THE COURT OP THE SEVENTH DISTRICT, THE JUDGE OP THE DISTRICT PRESIDING. This is a hypothecary action instituted against Francis S. Gerault, for the recovery of eight thousand five hundred dollars, the price of the late James Kempe’s half of a plantation, called and known as the Rifle Point Plantation, and nineteen slaves, held by him and Gerault in partnership, and now sold at the probate sale of Kempe’s succession, and purchased by Gerault; and also against…
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APPEAL FROM THE COURT OP THE SEVENTH DISTRICT, THE JUDGE OP THE DISTRICT PRESIDING. This is a hypothecary action instituted against Francis S. Gerault, for the recovery of eight thousand five hundred dollars, the price of the late James Kempe’s half of a plantation, called and known as the Rifle Point Plantation, and nineteen slaves, held by him and Gerault in partnership, and now sold at the probate sale of Kempe’s succession, and purchased by Gerault; and also against Thomas Hunt, as the third possessor of this property, which is subject to the vendor’s privilege and mortgage in his hands.…
1Opinion of the CourtMathews, J.
This is a suit against the third possessor of mortgaged property, to cause it-to be seized and sold to satisfy a debt *482claimed by the plaintiffs. The mortgagor and original debtor is also made a party. The possessor is the immediate vendee of the bank of the state of Mississippi, represented by its president and trustee, who is cited in warranty, and who cites in warranty the vendor to the bank. Judgement was rendered in the court below against the mortgagor and the third possessor, and in favor of the latter against the bank, and in their favor against their vendor, on the several claims in…
2Cited by10 opinions
- Ashbey v. AshbeySupreme Court of Louisiana · 1889
- State ex rel. Davis v. Police Jury of Webster ParishSupreme Court of Louisiana · 1907
- Rousse v. WheelerSupreme Court of Louisiana · 1843
- Powe v. Morgan's La. & Tex. R. R. & S. S. Co.Louisiana Court of Appeal · 1927
- Conrey v. HarrisonSupreme Court of Louisiana · 1849
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