Lefevre v. Boniquet's Syndics
Supreme Court of Louisiana
APPEAL from the court of the parish and city of New-Orleans. The syndics prayed for the homologation of the tableau of distribution, in which Cucullu, the other defendant, was classed as a mortgage creditor. The plaintiff, creditor by mortgage of the insolvent, under a deed of a later date than that of Cucullu, opposed the homologation.
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APPEAL from the court of the parish and city of New-Orleans. The syndics prayed for the homologation of the tableau of distribution, in which Cucullu, the other defendant, was classed as a mortgage creditor. The plaintiff, creditor by mortgage of the insolvent, under a deed of a later date than that of Cucullu, opposed the homologation. A jury, to whom the case was submitted, found that the mortgage to Cucullu was executed in good faith, by an act under private signature, which was recorded in due time, on the production of the original. There was judgment for the plaintiff, and the…
1Opinion of the CourtMathews, J.
This case must decided by the application and interpretation of a few articles of our code. It is clear that conventional mortgages may be granted either by an authentic act, made in the usual form of contracts, or by an act under private signature. Civ. Code 453, art. 5. But, judicial and conventional mortgages cannot operate against third persons, except from the day of their being legally entered in the office of the register of mortgages : and, in order to have any act registered in that office, the creditor, who desires it, is either by himself, or some other person, to present to the…
2Cited by4 opinions
- West v. His CreditorsSupreme Court of Louisiana · 1848
- Beattie v. DimitrySupreme Court of Louisiana · 1926
- Succession of McMahonSupreme Court of Louisiana · 1918
- Allinet v. His CreditorsSupreme Court of Louisiana · 1860