Soniat v. Miles
Supreme Court of Louisiana
PPEAL from the Fifth District Court J. , parish of Orleans. Cullom„ V. Olivier, Jr., and Edward Phillips, for plaintiff and appellant, contended: First — Where several notes for different amounts, but in all other respects precisely alike, and due at the same time, are secured by the same mortgage, but held by different parties, the holder of one of them cannot cause the mortgaged property to be sold for cash, and without appraisement, without notifying the holders of the…
Read the full summary
PPEAL from the Fifth District Court J. , parish of Orleans. Cullom„ V. Olivier, Jr., and Edward Phillips, for plaintiff and appellant, contended: First — Where several notes for different amounts, but in all other respects precisely alike, and due at the same time, are secured by the same mortgage, but held by different parties, the holder of one of them cannot cause the mortgaged property to be sold for cash, and without appraisement, without notifying the holders of the other notes in any manner, or causing them to be represented. Second — Such holder cannot have such property sold at all…
1Opinion of the Court
The opinion of the court was delivered by
DeBlanc, J.
In this case, plaintiff’s demand was dismissed on the ground that her petition does not disclose a cause of action.
What does she allege ? That — in a notarial act, passed on the 25th ■of February 1868 — one J. M. Hall acknowledged to be indebted to L. F. Generes, in the sum of $12,000, and — to evidence that indebtedness— subscribed three notes payable one year after date, to his own order, by him indorsed, the payment of which he secured by a mortgage. That, on the 10th of January, 1870, the property subject to that mortgage was sold by…
2Cases cited1 opinion
- Park Bros. v. Blodgett & Clapp Co.Supreme Court of Connecticut · 1894
3Cited by6 opinions
- Vinton Oil & Sulphur Co. v. GraySupreme Court of Louisiana · 1914
- Fleitas v. RichardsonSupreme Court of the United States · 1893
- Lovell v. GraginSupreme Court of the United States · 1890
- Stockmeyer v. TobinSupreme Court of the United States · 1891
- New Orleans National Banking Ass'n v. Le BretonSupreme Court of the United States · 1887
1 more not listed; retrieve them via the Exa API.