Smith v. Bradford
Supreme Court of Louisiana
Appeal from the court of the third district, for the parish of East Eelioiana, the judge of the distiict presiding. [264] This is an injunction case. The plaintiff obtained an injunction to restrain an order of seizure and sale which the defendant, Bradford, had taken out and was prosecuting on his mortgage and vendor’s privilege.
Read the full summary
Appeal from the court of the third district, for the parish of East Eelioiana, the judge of the distiict presiding. [264] This is an injunction case. The plaintiff obtained an injunction to restrain an order of seizure and sale which the defendant, Bradford, had taken out and was prosecuting on his mortgage and vendor’s privilege. The plaintiff alleges that the defendant failed to make the necessary legal demand of him as third possessor, and to take the oath required before resorting to the hypothecary action against mortgaged property in his hands as a third possessor. That under these…
1Opinion of the CourtMorphy, J.
The plaintiff, a third possessor of mortgaged property, enjoined executory proceedings instituted by defendant, and at the same time claimed damages against him, and against the sheriff] Bobbins, who had made the seizure. [266] The injunction was made perpetual and both defendants decreed to pay damages. Bobbins took up an appeal which was decided in January term, 1840. Bradford, the other defendant, now prosecutes this his separate appeal from said judgment.
We have considered a motion made to dismiss this appeal, but find nothing in it that should prevent us from examining the merits of the…
2Cited by6 opinions
- Courville v. Allied Professionals Insurance Co.Louisiana Court of Appeal · 2017
- Jackson v. BouanchaudSupreme Court of Louisiana · 1933
- Frantz v. A. Levitan Furniture Co.Louisiana Court of Appeal · 1922
- Crain v. Federal Land BankLouisiana Court of Appeal · 1931
- Lothman Cypress Co. v. DusenburyLouisiana Court of Appeal · 1919
1 more not listed; retrieve them via the Exa API.