Gates v. Gaither
Supreme Court of Louisiana
APPEAL from the Eighth District Court, parish of Concordia. Boatner, J. ad hoc. 1.A common law mortgage, executed in a common law State, between parties residing therein, will not be given the effect of a Louisiana mortgage against third persons. C. C. 3278, 3283, 3287, 3288, 3290; 34 An. 796, 38 An. 890; 40 An. 323. 2.A common law deed will likewise not be given such effect.
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APPEAL from the Eighth District Court, parish of Concordia. Boatner, J. ad hoc. 1.A common law mortgage, executed in a common law State, between parties residing therein, will not be given the effect of a Louisiana mortgage against third persons. C. C. 3278, 3283, 3287, 3288, 3290; 34 An. 796, 38 An. 890; 40 An. 323. 2.A common law deed will likewise not be given such effect. Same authorities. 3.A seizure under an attachment having been made prior to the recordation of the alleged common law deed, prevails against the deed. ■4. A common law mortgage will not have the effect of preventing a…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
The co- defendant, Gaither, was originally the owner -of the Criton plantation*- He sold to another co-defendant, Washington, one-half interest, and to another co-defendant, Caskey, the remaining half interest. Subsequently Washington sold one-fourth interest to Caskey — he thus becoming three-fourths owner and Washington one-fourth owner.
Caskey executed to the plaintiff in Michigan, where both parties resided at the time, a common law mortgage upon his three-fourths interest, which was recorded on the 10th of March,- 1891* Subse*288quently he…
2Cases cited1 opinion
- Jeffery v. HurshMichigan Supreme Court · 1885
3Cited by8 opinions
- The Chateau Lafayette Apartments, Inc. v. The Meadow Brook National BankCourt of Appeals for the Fifth Circuit · 1969
- Pugh v. SampleSupreme Court of Louisiana · 1909
- Cook v. LemoineSupreme Court of Louisiana · 1934
- Cook v. LemoineLouisiana Court of Appeal · 1933
- Hibernia Bank & Trust Co. v. WhitneySupreme Court of Louisiana · 1912
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