Woodward v. Dashiell
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE SECOND PRESIDING. This is in the nature of a hypothecary action. The plaintiff alleged that he had in vain demanded his debt from his vendee, (T. Lesassier) and that the defendant, who was in possession of the mortgaged property, had refused to pay it; he prayed for, and obtained an order of seizure and sale against the defendant, as third possessor.
Read the full summary
APPEAL FROM THE COURT OF THE FOURTH DISTRICT, FOR THE PARISH OF IBERVILLE, THE JUDGE OF THE SECOND PRESIDING. This is in the nature of a hypothecary action. The plaintiff alleged that he had in vain demanded his debt from his vendee, (T. Lesassier) and that the defendant, who was in possession of the mortgaged property, had refused to pay it; he prayed for, and obtained an order of seizure and sale against the defendant, as third possessor. The latter made opposition, and obtained an injunction to stay the proceedings, on various grounds. The facts show, that in February, 1835, the plaintiff…
1Opinion of the CourtMartin, J.
The defendant is appellant from a judgment dissolving an injunction which he had obtained to stay the proceedings on an order of seizure and sale. He was in possession under a sale from the mortgage debtor, the vendee of the plaintiff j in which he assumed the payment of the mortgaged debt to the plaintiff. The injunction was obtained on the following grounds:
1. That no notice had been given to the defendant of a demand on his vendor, the original debtor, and of his neglect to pay.
2. That he was entitled to more than three days notice, before seizure, because his residence was more than…
2Cited by9 opinions
- Heirs & Legal Representatives of Williams v. DouglassSupreme Court of Louisiana · 1895
- Moriarty v. WeissSupreme Court of Louisiana · 1939
- Speyrer v. MillerSupreme Court of Louisiana · 1902
- Lowry v. ErwinSupreme Court of Louisiana · 1843
- Mitchell v. CooleySupreme Court of Louisiana · 1843
4 more not listed; retrieve them via the Exa API.