Morris v. Cain's Executors
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J., acting in place of Houston, J., absent. When the mortgage creditor, With the act containing the ‘pact de non alienando, seizes and sells the mortgaged property under the process of the ordinary court, the administrator of the mortgage debtor has no right to demand that the sheriff or the purchaser shall pay to him the proceeds of the mortgaged property.
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APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J., acting in place of Houston, J., absent. When the mortgage creditor, With the act containing the ‘pact de non alienando, seizes and sells the mortgaged property under the process of the ordinary court, the administrator of the mortgage debtor has no right to demand that the sheriff or the purchaser shall pay to him the proceeds of the mortgaged property. See C. P. Arts. 683 et seq.; 16 La. p. 170 ,? 5 An. p. 306; 24 An. 381. The amount accruing to the seizing creditor, under such seizure and sale, the sheriff must pay…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
Two questions only are presented in tbis apparently complicated case. They are :
1. Are the defendants entitled to receive the proceeds of sale realized in this suit,‘to distribute them, by an account in the succession of the deceased, which they represent.
2. Has a purchaser of real estate at the judicial sale made in this case, the right to proceed, as he has done, with a view to clear the property acquired by him, from the encumbrances which burden it.
From a judgment dismissing the rule of the executors for the proceeds, those officials…
2Cases cited13 opinions
- Eberly's AppealSupreme Court of Pennsylvania · 1885
- Armstrong v. LevanSupreme Court of Pennsylvania · 1885
- Drhew v. Altoona CitySupreme Court of Pennsylvania · 1888
- Gorgas's EstateSupreme Court of Pennsylvania · 1895
- Freeman v. SayreSupreme Court of New Jersey · 1886
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