Williams v. Bank of Louisiana
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. This action is founded on art. 2294 of the Civil Code. The loss sustained by the plaintiff is attributable to the wanton assertion of a right to a mortgage on plaintiff’s property, which the defendants knew, at the time, that they had no claim to. They are, consequent^ responsible for the damages sustained.
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Appeal from the District Court of the First District, Buchanan, J. This action is founded on art. 2294 of the Civil Code. The loss sustained by the plaintiff is attributable to the wanton assertion of a right to a mortgage on plaintiff’s property, which the defendants knew, at the time, that they had no claim to. They are, consequent^ responsible for the damages sustained. Percy v. Millaudon, 3 La. 591. Thornton v. M.anslcer, 10 La. 121. The defendants having no color of title to any mortgage, malice must be inferred. Henry v. DuJUho, 14 La. 48. In assessing damages the court should consider…
1Opinion of the Court
Simon, J.*
The Bank of Louisiana is appellant from a judgment by which it is made liable to pay to the plaintiff the sum of $11,305 91, as damages sustained by the plaintiff in consequence of certain repeated assertions and pretensions made and set up by the Board of Directors, as to the existence of a conventional mortgage on a plantation and slaves, previously sold by the *317plaintiff to one Duer, which mortgage the Bank refused to erase and release, on being applied to for that purpose by the plaintiff.
The history of this case is as follows: The plaintiff having purchased at the probate sale…
2Cases cited1 opinion
- Williams v. DuerSupreme Court of Louisiana · 1840
3Cited by2 opinions
- Succession of PorterSupreme Court of Louisiana · 1843
- Succession of StoltzSupreme Court of Louisiana · 1876