Benjamin v. Cavaroc
U.S. Circuit Court for the District of Louisiana
In equity. Heard on demurrer to the bill. The case made by the bill was substantially as follow's: The Louisiana Cotton Manufactory, a body corporate of the state of Louisiana, executed certain bonds with interest coupons attached, and to secure the payment thereof at maturity, granted a mortgage by authentic act before a notary public.
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In equity. Heard on demurrer to the bill. The case made by the bill was substantially as follow's: The Louisiana Cotton Manufactory, a body corporate of the state of Louisiana, executed certain bonds with interest coupons attached, and to secure the payment thereof at maturity, granted a mortgage by authentic act before a notary public. Complainant [Henry W. Benjamin] was the holder of certain of said bonds with coupons annexed, and some of his coupons had matured and were due and unpaid. The bill further alleged that before the bringing of this suit, the said mortgage had been enforced by…
1Opinion of the Court
WOODS, Circuit Judge.
A very learned and elaborate brief has been filed by counsel for defendants who demur, to show that a mortgage like the one referred to in the bill, executed according to the law of Louisiana, is not such a mortgage as is recognized by equity jurisprudence, but is a public act before a notary which imports confession of judgment and that the remedy upon it is *188statutory and at law, by writ of seizure and sale. There is no question that the mortgage mentioned in the bill was executed to secure a debt evidenced in part by the bonds held by complainant. It was a security for…
2Cases cited2 opinions
- de Brueys v. FreretSupreme Court of Louisiana · 1866
- Landry v. LandrySupreme Court of Louisiana · 1857
3Cited by3 opinions
- Pittsburgh, C. & St. L. R. Co. v. Keokuk & H. Bridge Co.Court of Appeals for the Seventh Circuit · 1895
- Hall v. Devoe Manuf'g Co.District Court, D. New Jersey · 1882
- Whittenton Manuf'g Co. v. Memphis & Ohio River Packet Co.United States Circuit Court · 1883