Legal Opinion

Thompson v. Ratcliff

Supreme Court of Louisiana

Decided March 15, 1893No. 11,221PublishedCited by 1 opinion

APPEAL from the Eighth District Oourt, Parish of Concordia. Young, J. 1. The seizure by the mortgage creditor under a mortgage act containing a pact de non alienando carries with it the seizure of all the rents and revenues of the mortgage property, due and exigible, subsequent to the seizure; any alienation thereof by the mortgage debtor being without effect against the seizing mortgage creditor with the mortgage act containing the pact de non alienando. 2. The assignment…

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APPEAL from the Eighth District Oourt, Parish of Concordia. Young, J. 1. The seizure by the mortgage creditor under a mortgage act containing a pact de non alienando carries with it the seizure of all the rents and revenues of the mortgage property, due and exigible, subsequent to the seizure; any alienation thereof by the mortgage debtor being without effect against the seizing mortgage creditor with the mortgage act containing the pact de non alienando. 2. The assignment of rentals was not accepted, and notice of the assignment was not sufficient. 17 La. 472 ; 4 An. 358; 17 An. 258 ; 40 An.…

1Opinion of the Court

The opinion óf the court was delivered by

Fenner, J.

The plaintiff, being a creditor of defendant, "secured by mortgage on his Deer Park plantation, obtained a writ of sequestration, under which, on December 8, 1891, he seized the plantation, its rents and revenues, a number of mules, some picked cotton and cotton in the field, and other property on the plantation. Subse*475quently heissued a writ of seizure and sale, under which the property was sold.

At date of seizure the plantation was under lease for the year 1891 to various squads of laborers on the place at a rent for the year of eighty…

2Cited by1 opinion

  1. New Orleans Compress Co. v. KatzSupreme Court of Louisiana · 1936

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