Larthet v. Hogan
Supreme Court of Louisiana
APPEAL by Malard and Armistead,-, who had been subrogated to the rights of the plaintiff, from a judgment of the District Court of the First District, Buchanan, J., discharging a rule taken by them on John Green, and the recorder of mortgages of Jefferson. The renunciation of prescription made by a debtor, cannot affect rights previously acquired by third persons. Merlin, Repert, verbo Prescription, sec. 1, § 4, No. 2. Troplong, Prescrip. No. 100. Pothier, Oblig.
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APPEAL by Malard and Armistead,-, who had been subrogated to the rights of the plaintiff, from a judgment of the District Court of the First District, Buchanan, J., discharging a rule taken by them on John Green, and the recorder of mortgages of Jefferson. The renunciation of prescription made by a debtor, cannot affect rights previously acquired by third persons. Merlin, Repert, verbo Prescription, sec. 1, § 4, No. 2. Troplong, Prescrip. No. 100. Pothier, Oblig. No. 665. Delvincourt, p. 205.
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
The first question to be considered in this case is, as to the correctness of the proceedings taken in behalf of the plaintiff against John Green, for the purpose of effecting the erasure of certain mortgages existing in his name, on property seized under an execution against one of the defendants, Terrell. A rule was taken against Greene, and the recorder of mortgages of the parish of Jefferson, where the property was situated, to show cause why the mortgages should not be erased and cancelled, on the ground that the notes, the payment…
2Cited by9 opinions
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- Aldridge v. ReedLouisiana Court of Appeal · 1939
- Mulling v. JonesLouisiana Court of Appeal · 1927
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