Sprigg v. Beaman
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE FOURTH PRESIDING. This was an hypothecary action brought to subject certain slaves in the hands of the defendant, as third possessor, to the plaintiff’s mortgage.
Read the full summary
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE FOURTH PRESIDING. This was an hypothecary action brought to subject certain slaves in the hands of the defendant, as third possessor, to the plaintiff’s mortgage. The latter derives bis mortgage from a recorded judgment obtained by one James Miller against G. C. Russell, at the May term of the Rapides District Court in 1829. In December, 1S28, Miller, bj.' his attorney at law, and in fact, Isaac Thomas, for value received, transferred said judgment with all its privileges and mortgages to the petitioner. Since the recording and…
1Opinion of the CourtPorter, J.
This is an action commenced by the assignee of a mortgage, to enforce it on property in the hands of a third possessor. The petition contains a prayer that the defendant be condemned to deliver up the property, or pay the amount due.
The answer presents a general denial; a plea of payment; an averment that the transfer of the mortgage was made by a person not duly authorised to alienate it: and, lastly, that the plaintiff paid no consideration for the debt, but, on the contrary, that he acquired it through fraud.
The proceedings throughout, took the form of the juicio ordinario, and the cause…
2Cited by7 opinions
- Maryland Casualty Co. v. Marquette Casualty Co.Louisiana Court of Appeal · 1962
- Shriver v. SimsNebraska Supreme Court · 1934
- Motors Ins. Corp. v. EMPLOYERS'LIABILITY ASSUR. CORP.Louisiana Court of Appeal · 1951
- Pittman Ex Rel. Pittman v. SnedekerSupreme Court of North Carolina · 1965
- RF MESTAYER LUMBER COMPANY v. CusackLouisiana Court of Appeal · 1962
2 more not listed; retrieve them via the Exa API.