Commissioners of the Bank of Orleans v. Hodge
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans, Maurian, J. The question in this case is, whether the execution of the Union Bank, of March, 1841, is to be considered as still pending against the Commagéres, and the plantation as in the possession of the coroner under that writ, when the Bank of Orleans issued its writ in 1843. Now the former writ had been executed and returned.
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Appeal from the Parish Court of New Orleans, Maurian, J. The question in this case is, whether the execution of the Union Bank, of March, 1841, is to be considered as still pending against the Commagéres, and the plantation as in the possession of the coroner under that writ, when the Bank of Orleans issued its writ in 1843. Now the former writ had been executed and returned. Hodge had become the purchaser; had complied with the terms of the sale by paying to the Union Bank all the instalments then due ; had taken possession and retained it; cultivated the estate, put more slaves on it, and…
1Opinion of the CourtSimon, J.
The facts of this case are these. It appears, that on the 15th of March, 1841, the Union Bank of Louisiana, by virtue of a judgment obtained against Michel Commagére and others, condemning the latter to pay to the said bank the sum of $31,027, with ten per cent interest per annum from the 1st of April, 1837, until paid, and ordering certain property mortgaged to said bank to be seized and sold in satisfaction of said judgment, caused an execution to be issued, directed to the coroner of the parish of Jefferson, whereupon said coroner proceeded to levy said writ upon the property mortgaged,…
2Cases cited1 opinion
- Stoute v. VoorhiesSupreme Court of Louisiana · 1832
3Cited by4 opinions
- McCall v. IrionSupreme Court of Louisiana · 1889
- Etta Contracting Co. v. BruningSupreme Court of Louisiana · 1913
- Dunlap v. WhitmerSupreme Court of Louisiana · 1913
- Landry v. LaplosSupreme Court of Louisiana · 1904