Thibodaux v. Anderson
Supreme Court of Louisiana
APPEAL from the Twenty-second Judicial District Court, Parish of St. James. Gheevers, J. An act of mortgage or deed given to secure the payment of promissory notes described in the act, and which provides for the sale of the property to pay those notes at maturity, recorded in the office of the Recorder of Mortgages, in the Parish of St. James, in this State, where the propeity mortgaged is situated, is a good and valid mortgage, and will rank accordiug to its registry.
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APPEAL from the Twenty-second Judicial District Court, Parish of St. James. Gheevers, J. An act of mortgage or deed given to secure the payment of promissory notes described in the act, and which provides for the sale of the property to pay those notes at maturity, recorded in the office of the Recorder of Mortgages, in the Parish of St. James, in this State, where the propeity mortgaged is situated, is a good and valid mortgage, and will rank accordiug to its registry. Hayden vs. Nutt, 4 An. Rep., 65; Ells vs. Sims, 2 An. 253; 10 La. Rep.. 243; 32 An. Rep., 314.
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez,- C. J.
This is a contest over the residue of the proceeds of certain real estate sold at sheriff’s sale, under executory process.
After paying the plaintiff, who was the seizing creditor, there remained a balance of $1,823.88, which Godchaux, the purchaser, retained in his possession, claiming to be entitled to it, as the mortgage creditor next in rank.
A. M. Boyd, pretending to have a mortgage anterior to Godchaux’, the validity of which he does not dispute, took a rule to have said balance paid to him.
From a judgment in favor of Boyd, Godchaux…
2Cases cited3 opinions
- Mehrhof Brothers' Brick Manufacturing Co. v. Delaware, Lackawanna & Western RailroadSupreme Court of New Jersey · 1888
- State v. Inhabitants of TrentonSupreme Court of New Jersey · 1891
- Pittsb. Carbon Co. v. Philadelphia Co.Supreme Court of Pennsylvania · 1889