Mourain v. Devall
Supreme Court of Louisiana
Eastern Dist. APPEAL- EROJI THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINT COUrEE, THE JUDGE THEREOF PRESIDING. This case commenced by the executory proceeding on a note and mortgage made and executed by the defendants, D. and G. Devall, to the plaintiff, in part of the price of a plantation and slaves.
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Eastern Dist. APPEAL- EROJI THE COURT OF THE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINT COUrEE, THE JUDGE THEREOF PRESIDING. This case commenced by the executory proceeding on a note and mortgage made and executed by the defendants, D. and G. Devall, to the plaintiff, in part of the price of a plantation and slaves. The note sued on is the first of a series of seven, drawn by the defendants, for the sum of five thousand dollars, the 1st of May, 1836, payable twelve months after date, to the order of the plaintiff, and by him endorsed in blank, with that of one Delamar. The note being…
1Opinion of the CourtBullard, J.
This is an appeal from an order of seizure and sale, after an unsuccessful attempt to obtain an injunction to arrest the proceedings.
The appellant assigns for error apparent on the-face of the record, that the note and mortgage were the property of a *95different individual, and disclosed a total want of right in the plaintiff.
Where the payee of a note, endorsed by him. and even another after him, in blank, is in possession of it, he may sue and recover by the ex-ecutory proceeding, when the note is identified with a mortgage. When the payee is in possession of a note, on which his name is…
2Cited by2 opinions
- State ex rel. Gondran v. RostSupreme Court of Louisiana · 1895
- Hebrard v. BollenhagenSupreme Court of Louisiana · 1844