Legal Opinion
Fazende v. Flood
Supreme Court of Louisiana
Decided May 15, 1872No. 2737PublishedCited by 8 opinions
APPEAL from the Second Judicial District Court, parish of Jefferson. Pardee,
1Opinion of the CourtWyly, J.
This is an appeal by the third possessor of mortgaged property from an order of seizure and sale.
The only inquiry is, had the judge who issued the order sufficient .evidence before him to authorize the fiat? 18 An. 626; 21 An'. 32,, 52; 21 An. 626.
It appears that the plaintiff presented a certified copy of, the act of mortgage, importing a confession of judgment, and also the note.
The evidence was sufficient to justify the order.
The cost of protest was an expense incident to the collection of the claim, and it may be recovered as part of the costs in the executory proceeding.
The appellant…
2Cited by8 opinions
- Tapp v. Guaranty Finance CompanyLouisiana Court of Appeal · 1964
- Myrtle Grove Packing Company v. MonesSupreme Court of Louisiana · 1954
- Raines v. DunsonSupreme Court of Louisiana · 1918
- Gore v. American Motorists Ins. Co.Louisiana Court of Appeal · 1971
- Barataria Land Co. v. Louisiana Meadows Co.Supreme Court of Louisiana · 1923
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