Pietri v. McLoughlin
Supreme Court of Louisiana
Certiorari to Court of Appeals, Parish of Urleans. Consolidated suits by Gaspar Pietri and Mrs. P. J. O’Reilly against John Wells, wherein James J. McLoughlin, trustee in bankruptcy of James J. McLoughlin, filed third opposition. Judgment for plaintiffs and third opponent was amended on appeal to the Court of Appeal, and third opponent applies for certiorari or writ of review.
1Opinion of the CourtO’Niell, J.
The plaintiffs, Gaspar Pietri and Mrs.' P. J. O’Reilly, filed separate suits against the defendant, John Wells, on duplicate sets of promissory notes, purporting to be secured by the same act of mortgage granted by him. Executory process issued on each petition on the 24th of February, 1913, and the two suits were thereafter consolidated. It is not disputed that the mortgaged property belonged to James J. Woulfe, and that the defendant, Wells, in whose name the title stood, had no interest in it.
Woulfe went into bankruptcy on the 27th of February, 1913, and surrendered the property which had…
2Cases cited5 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Pickens v. RoySupreme Court of the United States · 1902
- I. Trager Co. v. Cavaroc Co.Supreme Court of Louisiana · 1909
- Wilcox v. Civil Sheriff of Parish of OrleansCourt of Appeals for the Fifth Circuit · 1901
- O'Reilly v. PietriSupreme Court of Louisiana · 1914
3Cited by4 opinions
- Merchants' & Farmers' Bank & Trust Co. v. Hammond Motors Co.Supreme Court of Louisiana · 1926
- Murphy v. McLoughlinCourt of Appeals for the Fifth Circuit · 1918
- Ardis & Co. v. Turner & U. S. Fidelity & Guaranty Co.Louisiana Court of Appeal · 1926
- Landry v. TheriotSupreme Court of Louisiana · 1925