Maillan v. Perron
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This suit comes up on an injunction. Perron and wife are the transferees of a mortgage by act under private signature, which Jean Maillan gave on a tract of land in West Baton Rouge, to secure the payment of the balance of the purchase money to J. B. Guidry, his vendor.
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APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This suit comes up on an injunction. Perron and wife are the transferees of a mortgage by act under private signature, which Jean Maillan gave on a tract of land in West Baton Rouge, to secure the payment of the balance of the purchase money to J. B. Guidry, his vendor. The act of sale and mortgage is dated the 22d November, 1830. On the 25th October, 1831, Guidry transferred the debt and mortgage on Maillan to Perron and wife, by private act, executed double, and recorded in the parish judge’s office Jn West…
1Opinion of the CourtBullard, J.
The defendants and appellants, show for errors in the judgment and proceedings in this case; 1st. That the injunction was sustained on a ground not at issue, it being granted on the allegation of payments made on account of the debt, and not of any irregularity or want of sufficient evidence before the judge in chambers, where the order of seizure was granted ; and 2d. That the court erred in rejecting certain interrogatories propounded to the plaintiff, relative to the consideration for which certain receipts were given.
I. The original transfer of the mortgage to the present plaintiff,…
2Cited by1 opinion
- Chambliss v. AtchisonSupreme Court of Louisiana · 1847