Sellick v. Kelly
Supreme Court of Louisiana
The court has decided that in all cases where a lien or privilege is claimed upon property, whether personal or otherwise, the party claiming that privilege and wishing to enforce it, as provided for by the amendment of the Code of Practice passed April, 1826, must make the affidavit required of those claiming a sequestration of property specially mortgaged to them, as provided for in the 6th section of art. 275 of the Code of Practice, thus putting property not susceptible…
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The court has decided that in all cases where a lien or privilege is claimed upon property, whether personal or otherwise, the party claiming that privilege and wishing to enforce it, as provided for by the amendment of the Code of Practice passed April, 1826, must make the affidavit required of those claiming a sequestration of property specially mortgaged to them, as provided for in the 6th section of art. 275 of the Code of Practice, thus putting property not susceptible of being mortgaged, upon the same footing with immovable property, although the five preceding sections of the same…
1Opinion of the CourtSimon, J.
The defendants’ counsel, in his petition for a rehearing, urges that the case of Debaillon v. Ponsony (5 Mart. N. S. 43), to which reference is made in our judgment, is not at all applicable to the present; and he says that our opinion is erroneous, and that the error we have fallen into, is, in not drawing the distinction between property capable of being mortgaged and personal property.
On referring to the affidavit taken by his client for obtaining a writ of sequestration against the steamboat A ngora, we see that the -only cause for which the order was claimed, is, that said steamer and…
2Cases cited4 opinions
- Prall v. Peet's CuratorSupreme Court of Louisiana · 1832
- Ohio Insurance v. EdmondsonSupreme Court of Louisiana · 1833
- Dumonteil v. DubroquaSupreme Court of Louisiana · 1842
- Erwin v. JonesSupreme Court of Louisiana · 1833
3Cited by2 opinions
- Wilson v. ChurchmanSupreme Court of Louisiana · 1849
- Gumbel v. BeerSupreme Court of Louisiana · 1884