Spencer v. Sloo
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. This is an action founded on a judgment obtained on a mortgage in a proceeding by scire facias, against the mortgaged property according to the laws of the state of Ohio. The plaintiff alleges, there is still-a balance due of seven thousand one hundred and thirty-two dollars on said judgment, for which he prays judgment against the defendant residing here.
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APPEAL PROM THE COURT OP THE PIRST JUDICIAL DISTRICT. This is an action founded on a judgment obtained on a mortgage in a proceeding by scire facias, against the mortgaged property according to the laws of the state of Ohio. The plaintiff alleges, there is still-a balance due of seven thousand one hundred and thirty-two dollars on said judgment, for which he prays judgment against the defendant residing here. The defendant excepted to his being made liable or held answerable in relation to the judgment sued on; that it was obtained by a proceeding in rent, to which he was not a party, and was…
1Opinion of the Court
Bullard J.,
delivered the opinion of the court.
The plaintiff sues upon a judgment recovered by him, in the state of Ohio, on a scire facias, upon a mortgage given by the defendant, upon a house and lot in Cincinnati. The mortgaged premises having been sold under a writ of levari facias, issued in pursuance of that judgment, this suit is instituted to recover the balance adjudged to the plaintiff in that case, and the exemplification of the record is relied on as conclusive evidence of the debt.
The defendant first set up as an exception, that the judgment in question was obtained in a…
2Cited by2 opinions
- Knox v. LiddellSupreme Court of Louisiana · 1843
- Union & Planters' Bank of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1901