Hewitt v. Williams
Supreme Court of Louisiana
APPEAL from the Ninth Judicial District Court, Parish of De Soto. Hall, J. Movables have no sequel by a mortgage. When the movable is neither in the custody of the creditor nor of the debtor, nor of am1 other in his name, the creditor then has no longer any right to it. Domat, Civil Law, Part I, Book III, Tit.
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APPEAL from the Ninth Judicial District Court, Parish of De Soto. Hall, J. Movables have no sequel by a mortgage. When the movable is neither in the custody of the creditor nor of the debtor, nor of am1 other in his name, the creditor then has no longer any right to it. Domat, Civil Law, Part I, Book III, Tit. I, Secs. 1654, 1656; Troplong on Privileges and Hypothecations, Vol. 2, Secs. 394 and 395, p. 15; Comments on Art. 2118, C. N. A privilege on a movable — though it affects that movable — gives no right of pursuit against it, for that effect can have no existence but that which is…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff instituted suit against defendant for the sum of eight thousand, six hundred and fifty-three dollars and forty-one cents, with interest, for money advanced, goods and *745merchandise supplied, all necessary advances furnished defendant to raise the usual crops on his plantation in Red River parish, for the year 1893. This sum is made up of a note for one thousand nine hundred and fifty dollars dated July 5, 1892, due December 5, 1892; a note for five hundred and twenty dollars dated September 7, 1892, due January 7,1898, both…
2Cases cited1 opinion
- Smith's Heirs v. BluntSupreme Court of Louisiana · 1831
3Cited by23 opinions
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- National Bank of Commerce v. SullivanSupreme Court of Louisiana · 1906
- Myers v. MaricelliLouisiana Court of Appeal · 1951
- Ball-Thrash & Co. v. McCormickSupreme Court of North Carolina · 1913
- Brooklyn Cooperage Co. v. Cora Planting & Mfg. Co.Supreme Court of Louisiana · 1915
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