Boguille v. Faille
Supreme Court of Louisiana
APPEAL from tlie District Court of the First District, Buchanan, J. The hypothecary action is a real action, ■ and should be brought before the ordinary tribunals. O’Donogan v. Knox-, 11 La.'384. Code of Pract. arts. 41, 42, 61 to 74, 163, 733, 734, 744, 983. Civil Code, arts. 1370, 1382 to 1387, 3360, 3361. Whether the mortgaged property belong to a succession which has been accepted with benefit of inventory, or not, can malte no difference.
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APPEAL from tlie District Court of the First District, Buchanan, J. The hypothecary action is a real action, ■ and should be brought before the ordinary tribunals. O’Donogan v. Knox-, 11 La.'384. Code of Pract. arts. 41, 42, 61 to 74, 163, 733, 734, 744, 983. Civil Code, arts. 1370, 1382 to 1387, 3360, 3361. Whether the mortgaged property belong to a succession which has been accepted with benefit of inventory, or not, can malte no difference. The benefit of inventory only exempts the heir from responsibility beyond the amount of the succession. It does not change his obligations in any other…
1Opinion of the Court
The judgment of the court was pronounced by
King, J.
The plaintiff is appellant from a judgment dissolving an injunction issued at his instance, staying the execution of an order of seizure and sale.
A motion has been made to dismiss the appeal, on the ground that the sheriff, who was a parly to the judgment below, has not been brought before this court. That officer was a mere nominal party to the proceedings, without interest of any kind in the result of the litigation, on whom citation was served only for the purpose of notifying him that the further execution of the writ in his hands had…
2Cited by2 opinions
- Soniat v. DonovanSupreme Court of Louisiana · 1907
- Loring v. WittichSupreme Court of Florida · 1878