Twomey v. Papalia
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred. D. King, Judge. ' Executory proceedings by Frank B. Twomey against Pasquale Papalia, in which, after the death of the defendant, plaintiff obtained the appointment of a special tutor ad hoc of the minor children, and served notice of the executory proceedings upon Mm, and in which the widow filed a petition praying for a writ of injunction.
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Appeal from Civil District Court, Parish of Orleans; Fred. D. King, Judge. ' Executory proceedings by Frank B. Twomey against Pasquale Papalia, in which, after the death of the defendant, plaintiff obtained the appointment of a special tutor ad hoc of the minor children, and served notice of the executory proceedings upon Mm, and in which the widow filed a petition praying for a writ of injunction. From a judgment dissolving the writ of injunction, the widow, plaintiff in the injunction suit, appeals.
1Opinion
On the Merits.
The plaintiff, being the holder of a promissory note signed by Pasquale Papalia, se*625cured by an authentic act of mortgage, importing confession of judgment and containing the pact de non alienando, instituted ex-ecutory proceedings against the mortgaged property of Papalia. Three months' before the foreclosure suit was filed, the wife of Papalia sued to have him pronounced, insane and interdicted. Nearly five months after1 the filing of the foreclosure suit, the plaintiff, learning of the interdiction suit, applied, for and obtained the appointment of an administrator pro tempore…
2Cases cited7 opinions
- Simpson v. BulkleySupreme Court of Louisiana · 1916
- Succession of FineganSupreme Court of Louisiana · 1914
- Succession of LoeperSupreme Court of Louisiana · 1901
- Randolph v. Widow & Heirs of ChapmanSupreme Court of Louisiana · 1869
- Heard v. BlanksSupreme Court of Louisiana · 1910
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