Duchamp v. Dantilly
Supreme Court of Louisiana
APPEAL from the Fourth District Court of New Orleans, Reynolds, J. Translation from Boileux” on subrogation. On Art. 1251 N. 0. and 2157 L. 0. Legal subrogation takes place without the consen t of either the debtor or creditor. This favor, based on equity, is only extended to those who are authorized to pay the debt of .another. The Code has determined the cases in which the subrogation takes place: A judgment that would extend it to other circumstances should be avoided.
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APPEAL from the Fourth District Court of New Orleans, Reynolds, J. Translation from Boileux” on subrogation. On Art. 1251 N. 0. and 2157 L. 0. Legal subrogation takes place without the consen t of either the debtor or creditor. This favor, based on equity, is only extended to those who are authorized to pay the debt of .another. The Code has determined the cases in which the subrogation takes place: A judgment that would extend it to other circumstances should be avoided. Analogies cannot be admitted on this subject. The law declares a subrogation in the following cases: 1st For the benefit…
1Opinion of the Court
Buchanan, J. (Vooehies, J., absent. Ogden, J., absent and dissenting.)
The question presented to the consideration of the court in this cause, is one of subro-gation. The record shows that Jacques Bachemin, Junior, and Theodule Bache-min, Junior, being joint owners of a lot of ground with .the buildings and improvements thereon, sold -said property on the 17th January, 1850, to their grandmother, the defendant; who, on the 11th December, 1851, mortgaged the same in favor of Jacques Bachemin., Junior, or any holder of two notes, one for eight hundred dollars, and one for two hundred, dated on…
2Cited by8 opinions
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- Villere v. New Orleans Pure Milk Co.Supreme Court of Louisiana · 1908
- Dennis v. GrahamSupreme Court of Louisiana · 1925
- Decuir v. CarnesSupreme Court of Louisiana · 1931
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