McCall v. Mercier
Supreme Court of Louisiana
Appeal from the court of the first district. In 1823 the wife of the plaintiff obtained against him .a separation of property, and a judgment which operated a mortgage upon the whole ofhis estate. The wife afterwards died, leaving three minor children, of whom, the plaintiff was natural tutor.
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Appeal from the court of the first district. In 1823 the wife of the plaintiff obtained against him .a separation of property, and a judgment which operated a mortgage upon the whole ofhis estate. The wife afterwards died, leaving three minor children, of whom, the plaintiff was natural tutor. The plaintiff being desirous to free his estate from the effect of this general mortgage, obtained from the court of probates a decree, that, upon his executing a special mortgage in favour of the minors, upon a certain tract of land and slaves, the general mortgage should be released. The steps taken…
1Opinion of the Court
Mathews J.
delivered the opinion of the court. This is an appeal from a decision of the court below, by which that court refused to grant a mandamus to the register of mortgages, requiring him to cancel and erase a judicial mortgage, which existed on all the estate of the plaintiff.
It appears by the evidence of the case, which is composed of written documents, that McCall’s wife, in January 1823, obtained a separation of property from her husband, and a judgment against him for the sum of sixty-one thousand two hundred and four dollars and ninety-eight cents, with interest thereon at the rate…
2Cited by4 opinions
- Zeigler v. His CreditorsSupreme Court of Louisiana · 1896
- Tutorship of Minor Heirs & Succession of KiddSupreme Court of Louisiana · 1899
- Pertuit v. DamareSupreme Court of Louisiana · 1898
- Melancon v. MelanconLouisiana Court of Appeal · 1971