Armstrongs v. Baldwin
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an opposition to executory process. The defendant in the opposition, Joshua Baldwin, syndic of the creditors of Thomas C. Swain and brothers, took out an order of seizure and sale on one of three promissory notes secured by mortgage on the property seized; drawn by C. & A. Armstrong, the present plaintiffs.
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APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an opposition to executory process. The defendant in the opposition, Joshua Baldwin, syndic of the creditors of Thomas C. Swain and brothers, took out an order of seizure and sale on one of three promissory notes secured by mortgage on the property seized; drawn by C. & A. Armstrong, the present plaintiffs. The Armstrongs executed this note, together with two others “drawn to the order of and endorsed by J. R. Pully, ” dated the 12th January, 1837, and payable in twelve, eighteen and twenty-four months.…
1Opinion of the CourtRost, J.
The petitioners gave their three several promissory notes to the order of, and endorsed by, J. R. Pully to one Henry C. Myers, for the purchase of real estate. Their vendor retained possession of the estate under a lease, and moreover bound himself to transfer to them sixty shares of the stock of the Citizens’ Bank, secured by mortgage upon it; which transfer he has failed to make. Myers pledged their notes to the defendant before they became due, as collateral security on a purchase of town property. The defendant took an order of seizure upon the first of those notes, and the real estate…
2Cited by1 opinion
- Marion v. EllisU.S. Circuit Court for the District of Eastern Louisiana · 1882