Hobgood v. Schuler
Supreme Court of Louisiana
APPEAL from the Tenth District Court, Parish of DeSoto. • Hall, J. Mortgages and privileges are extinguished when the creditor acquires the thing subject to the mortgage and privilege.
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APPEAL from the Tenth District Court, Parish of DeSoto. • Hall, J. Mortgages and privileges are extinguished when the creditor acquires the thing subject to the mortgage and privilege. O. C. 3411, 3277; 4 An. 416; 15 An. 407; 19 An. 260 ; 25 An. 559, 560 ; 34 An. 1032. Parties acquiring title to real estate are bound by the recitals to their act. 34 An. 962. Where a purchaser of real estate as the consideration of his purchase obligates himself to take up and pay existing mortgages or privileges against the land purchased, and in pursuance of such agreement subsequently so takes up and pays…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Alleging Charles Schuler’s possession as owner of a tract of 320 acres of land, which he had acquired from one James, his judgment debtor, since the registry of his judgment against it as a judicial mortgage, on the 28th of February, 1889, the plaintiff proceeds against said property by the hypothecary action, in the foreclosure and enforcement of same.
The defence set up is that in 1882 James bought of Mrs. J. V. Mc-Kellar a tract of 560 acres of land for the total price of $3356, of which $400 was paid in cash, and for the remainder he…
2Cited by8 opinions
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- W. K. Henderson Iron Works & Supply Co. v. JeffriesSupreme Court of Louisiana · 1925
- Cook v. LemoineSupreme Court of Louisiana · 1934
- Platte Valley Cattle Co. v. Bosserman-Gates Live Stock & Loan Co.Court of Appeals for the Eighth Circuit · 1912
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