Cluseau v. Wagner
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Thomas C. W. Ellis, Judge. Consolidated actions by August Cluseau and by Win. S. Garvey against W. S. Wagner, in which David Bernhardt intervened, calling Peter Gallagher in warranty. There was judgment for intervener, and the warrantor appeals and applies for a rule upon the in-tervener and Recorder of Mortgages to show cause why the inscription of a judgment against warrantor should not be erased.
1Opinion of the Court
BREAUX, C. J;
This court, on warrant- or’s application, issued a rule directed to David Bernhardt and the recorder of mortgages for the parish of Orleans to show cause within a limited delay stated why they should not cancel and erase the inscription of a judgment rendered against mover Gallagher for $5,350, recorded in the office of the recorder of mortgages for the parish of Orleans, October 9, 1909.
Plaintiff in rule alleged that of the property of mover, which is subject to the judicial mortgage, there are four lots, which he describes in his motion, which he has sold, but which he cannot…
2Cases cited9 opinions
- Meyer v. RichardsSupreme Court of the United States · 1896
- Peoples' Bank of City of New York v. . BogartNew York Court of Appeals · 1880
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
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- Dannenmann v. CharltonSupreme Court of Louisiana · 1903
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