Ells v. Sims
Supreme Court of Louisiana
APPEAL from the Dista-ict; Court'of Concordia, Curry, J. The facts of this case are fully stated in the opinion of the court infra. 1st. The mortgage of plaintiffs is void for uncertainty, because the notes do not state precisely the nature and situation of the lands intended to be mortgaged, mentioning neither the quantity, township, range nor section. Cjvil Code, arts. 3273, 3275. Neither do they state in favor of whom the mortgage was executed, except by inference.
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APPEAL from the Dista-ict; Court'of Concordia, Curry, J. The facts of this case are fully stated in the opinion of the court infra. 1st. The mortgage of plaintiffs is void for uncertainty, because the notes do not state precisely the nature and situation of the lands intended to be mortgaged, mentioning neither the quantity, township, range nor section. Cjvil Code, arts. 3273, 3275. Neither do they state in favor of whom the mortgage was executed, except by inference. Civil Code, art. 3357. Neither does it appear, except by inference, that it was intended that the mortgage should be upon the…
1Opinion of the Court
The judgment of the court was pronounced by
Slidell, J.
The heirs of Presler, defendants in this case, sold a tract of land to Sims Brown, for the supi of 3516,000, for which notes were taken. In the notarial act of sale no mortgage was stipulated, but the plaintiffs claim the legal privilege of the vendor. This act was duly recorded as a sale in the office of the parish judge, in the notarial book of conveyance kept by him ; but the only registry named in the mortgage books then kept, consists in the following .entries. In the index of this mortgage book was the following:
uSims Brown to Amelia…
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