Leibe v. Hebersmith
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. JLjL. Tissot, J. “ An act under private signature is inadmissible in evidence until the signatures have boeu proved.” 22 Ann., p. 457. “ An act executed before a Louisiana commissioner is not entitled fco the effect of an authentic act unless same has “been done in tlie presence of two witnesses.” 15 Ann., p. 392. “While an act under private signature, duly registered, may be held sufficient as notice to thiid…
Read the full summary
A PPEAL from the Civil District Court for the Parish of Orleans. JLjL. Tissot, J. “ An act under private signature is inadmissible in evidence until the signatures have boeu proved.” 22 Ann., p. 457. “ An act executed before a Louisiana commissioner is not entitled fco the effect of an authentic act unless same has “been done in tlie presence of two witnesses.” 15 Ann., p. 392. “While an act under private signature, duly registered, may be held sufficient as notice to thiid persons, yet a distinction exists between the effect of the registry as to notice, and tlie effect of the act itself as…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a contest for the distribution of the proceeds of real estate judicially sold.
The third opponent claims to be entitled to preference over the seizing creditor, by virtue of au agreement between her aud the defendant, termed a mortgage, executed in New York and subsequently recorded in New Orleans, where the property was situated, at a date anterior to the registries ou which the plaintiff relies.
On the trial, the' opponent offered in evidence the agreement in question, which, notwithstanding objection, was admitted to prove rem…
2Cited by9 opinions
- Baker v. BakerSupreme Court of Louisiana · 1910
- Louisiana State Mineral Board v. AbadieLouisiana Court of Appeal · 1964
- Patterson v. LandruSupreme Court of Louisiana · 1904
- Latour v. GuillorySupreme Court of Louisiana · 1912
- Saint v. MartelSupreme Court of Louisiana · 1909
4 more not listed; retrieve them via the Exa API.