Legal Opinion

De Blanc v. Dumartrait

Supreme Court of Louisiana

Decided August 15, 1848PublishedCited by 1 opinion

APPEAL from the District Court of St. Martin, Overton, J. for the plaintiff, cited C. P. 709, 684. 1 An. 32. 2 An. 119. This is an action of mortgage, in which the plaintiff prays that the defendant, who is the owner and in possession of a certain town lot and brick building erected thereon, alleged to be mortgaged for one-third thereof, as security for the payment of a sum due him by two individuals, be condemned to pay him said sum, and that the property be seized and sold…

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APPEAL from the District Court of St. Martin, Overton, J. for the plaintiff, cited C. P. 709, 684. 1 An. 32. 2 An. 119. This is an action of mortgage, in which the plaintiff prays that the defendant, who is the owner and in possession of a certain town lot and brick building erected thereon, alleged to be mortgaged for one-third thereof, as security for the payment of a sum due him by two individuals, be condemned to pay him said sum, and that the property be seized and sold to satisfy his demand. The mortgage on which this suit was brought, wais executed on the 17th March, 1840, by two…

1Opinion of the Court

The judgment of the court was pronounced by

Slidell, J.

This is an action of mortgage, against a third possessor of a town lot and a house erected npon it. The mortgage held by the plaintiff was executed in 1840, by two persons, then the lawful owners of interests, amounting, collectively, to one undivided third of the property; and was duly recorded.

Subsequently they sold their interests, and Derbés, Delahoussaye Co. became the owners of the entire estate. A creditor obtained a judgment against Derbés, Delahoussaye Co., in 1841; and, upon execution, seized and sold the entire property for a…

2Cited by1 opinion

  1. Buck v. MassieSupreme Court of Louisiana · 1901

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