Green v. Conery
Supreme Court of Louisiana
Appeal from the Fourth District Court of New Orleans. Houston, J. Anna Conery mortgaged the property, the sale of which is injoined, to Thomas Dwyer ostensibly to secure two notes of $4,000 each. In fact she owed nothing to Dwyer, the notes and mortgage having been given for the convenience of F. M. Fisk. After Fisk’s death, the plaintiff who is his executrix, obtained executory process to foreclose the mortgage, the notes having come in her possession.
Read the full summary
Appeal from the Fourth District Court of New Orleans. Houston, J. Anna Conery mortgaged the property, the sale of which is injoined, to Thomas Dwyer ostensibly to secure two notes of $4,000 each. In fact she owed nothing to Dwyer, the notes and mortgage having been given for the convenience of F. M. Fisk. After Fisk’s death, the plaintiff who is his executrix, obtained executory process to foreclose the mortgage, the notes having come in her possession. Anna Conery opposed and injoined the sale on the ground that the notes were without consideration, and had not been on the market, but…
1Opinion of the CourtDe Blanc, J.
In not a line of the three transcripts submitted to our consideration, have we found the least trace of a fixed intention *28on the part of the deceased to give either the property or the notes to the plaintiff in injunction — we think it just to leave said notes where they have been left, not through inadvertence or carelessness, but with the consent of Miss Conery and by the will of Fisk.
They have passed into the possession of the heirs of the latter, and the trial has disclosed no fact, raised no presumption which would justify us in wresting them from their possession.
In only one respect the…
2Cases cited1 opinion
- National Bank v. CarpenterSupreme Court of New Jersey · 1889