Lowenberg, Marks & Co. v. H. & C. Newman, Ltd.
Supreme Court of Louisiana
Appeal from Nineteenth Judicial District Court, Parish of St. Martin; James Simon, Judge. Petition by Lowenberg, Marks & Co. and others against H. & C. Newman, Limited, to have a sale of a debtor’s property to defendant under executory process declared void and the property declared subject to plaintiffs’ mortgages. Exception of no cause of action sustained, and plaintiffs appeal.
1Opinion of the Court
SOMMERVILLE, J1.
Plaintiffs, alleging, themselves to be judicial mortgage creditors of George L. Roger, have joined in one petition asking that a certain sale of Roger’s property, under executory process, to H. & C. Newman, Limited, be declared null, void, and of no effect; that the property be declared to belong to Roger, and to be subject to plaintiffs’ mortgages.
Plaintiffs do not claim to be acting for Roger. On the contrary, they have made him a defendant in the cause.
[1] If the action may be considered petitory in its nature, as was argued orally by *961counsel, the exception of no cause of…
2Cases cited26 opinions
- Heirs & Legal Representatives of Williams v. DouglassSupreme Court of Louisiana · 1895
- Vinton Oil & Sulphur Co. v. GraySupreme Court of Louisiana · 1914
- Russ v. Union Oil Co.Supreme Court of Louisiana · 1904
- Munholland v. ScottSupreme Court of Louisiana · 1881
- Succession of RobertsonSupreme Court of Louisiana · 1896
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3Cited by5 opinions
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- In re Rapier Sugar Feed Co.District Court, W.D. Kentucky · 1935
- Feist v. Willer & Gamm, Inc.Louisiana Court of Appeal · 1931