Falcon v. Boucherville
Supreme Court of Louisiana
Appeal from the District Court of Lafourche Interior, N2* cholls, J. 1, That an authentic act is full proof of itself, and that no parol evidence can he admitted against or beyond what it contains. Civ.
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Appeal from the District Court of Lafourche Interior, N2* cholls, J. 1, That an authentic act is full proof of itself, and that no parol evidence can he admitted against or beyond what it contains. Civ. Code, 2233, 2256. 4 Toullier, pp. 303, 307. 16 La. 130. 2, That where a mortgage is executed to recover the payment of a certain sum acknowledged by it to be due, no evidence can be adduced to prove a failure of consideration. 18 La. 69. 3, That where part of the consideration of a mortgage .fails, the mortgage subsists for the security of the remainder.
1Opinion of the CourtMartin, J.
The defendant is appellant from a judgment perpetuating an injunction obtained to stay proceedings on an order of seizure and sale which he had procured, the judgment having been rendered on the ground of the absence of any consideration to support the defendant’s .claim to the mortgage he sought to enforce. The authentic act, from -which the confession of judgment is said to result, expresses only that the mortgagor' has declared that he owes the mortgagee the sum of three hundred dollars,, without stating the nature of the debt, or the consideration from which it arises. The plaintiff…
2Cited by3 opinions
- Robinson v. BrittonSupreme Court of Louisiana · 1915
- New Orleans & Carrollton Railroad v. DarmsSupreme Court of Louisiana · 1887
- Walker v. FerchaudSupreme Court of Louisiana · 1946