Dixon v. Emerson
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE POURTII JUDICIAL DISTRICT, THE JUDGE OP TIIE SECOND PRESIDING. This case commenced by an injunction to stay an order of seizure and sale obtained by the defendant against the property of W. Aborn, in the parish of Iberville, on which the plaintiff in injunction claims to have a higher mortgage.
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APPEAL PROM THE COURT OP THE POURTII JUDICIAL DISTRICT, THE JUDGE OP TIIE SECOND PRESIDING. This case commenced by an injunction to stay an order of seizure and sale obtained by the defendant against the property of W. Aborn, in the parish of Iberville, on which the plaintiff in injunction claims to have a higher mortgage. The plaintiff obtained judgment against Aborn for one thousand five hundred and forty-seven dollars, which was recorded in the parish judge’s office the 15th of October, 1834. In January, 1835, Thomas Emerson, by his agent, H. Emerson, obtained an order of seizure and sale…
1Opinion of the CourtBullard, J.
The plaintiff having a judicial mortgage on the property of one Aborn, procured from the court of the first instance an order on the sheriff, to hold in his hands the proceeds of a sale about'to be made by him in pursuance of an order of seizure and sale against the same property, at the suit of Emerson, under a conventional mortgage of prior date. She claims to be paid out of the proceeds, in preference to the seizing creditor, on the allegations, 1st, That Aborn, the owner of the property, was in failing circumstances, at the time he gave the mortgage to the seizing creditor; and 2d, That…
2Cited by1 opinion
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