Boner v. Mahle
Supreme Court of Louisiana
APPEAL from the District Cotirt oí Caddo, Taylor, L The plaintiff has the privilege of a vendor. C.C. 3216. The taking of a special mortgage on other property is not a waiver of it. Howard v. Thomas^, 3 La. 111. 3 Rob. 216. 12 Rob. 279. The law being so settled here, it is immaterial that the opposite doctrine was held in Rome, France, or England. Tropiong, Privil. v. 1, § 199. 2 Story’s Eq.
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APPEAL from the District Cotirt oí Caddo, Taylor, L The plaintiff has the privilege of a vendor. C.C. 3216. The taking of a special mortgage on other property is not a waiver of it. Howard v. Thomas^, 3 La. 111. 3 Rob. 216. 12 Rob. 279. The law being so settled here, it is immaterial that the opposite doctrine was held in Rome, France, or England. Tropiong, Privil. v. 1, § 199. 2 Story’s Eq. Juris. § 1224. The privilege was preserved by registering the sale. 2 La. 577. Parol evidence to show a renunciation of the privilege is inadmissible. C. C. 2255, 2256, 1842, 2498, 1757 § 2. 2449, 2477,…
1Opinion of the Court
The judgment of the court was pronounced by
Slideix, 3.
The plaintiff seeks to1 enforce the vendor’s privilege upon certain slaves, in the possession of the defendant. The defendant avers that no such privilege was reserved ; but, on the contrary, at the time of the sale, was abandoned by the plaintiff, in consideration of a special mortgage being given him on other and distinct property, to secure him in the full amount of the price not paid in cash ; that, if the abandonment was not inserted expressly in the deed of sale, the omission occurred through the “ remissness, negligence, or perhaps…
2Cases cited2 opinions
- Succession of JohnsonSupreme Court of Louisiana · 1842
- Howard v. ThomasSupreme Court of Louisiana · 1831
3Cited by3 opinions
- Groves v. SentellSupreme Court of the United States · 1894
- State Ex Rel. Landry v. BroussardLouisiana Court of Appeal · 1937
- Hunter v. SandelSupreme Court of Louisiana · 1935