Lewis v. Klotz
Supreme Court of Louisiana
APPEAL from tlie Twentieth District Court, Parish of Assumption. Knobloch, J. («) When real estate is owned in indivisión by several persons, upon the undivided simio of one of whom a judicial mortgage is of record, and the whole property is leased by the joint owners by public act duly recorded, the seizure and sale of the encumbered interest does not dissolve the lease in so far as the other unencumbered interests aro concerned, and the tenant cannot be dispossessed of the…
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APPEAL from tlie Twentieth District Court, Parish of Assumption. Knobloch, J. («) When real estate is owned in indivisión by several persons, upon the undivided simio of one of whom a judicial mortgage is of record, and the whole property is leased by the joint owners by public act duly recorded, the seizure and sale of the encumbered interest does not dissolve the lease in so far as the other unencumbered interests aro concerned, and the tenant cannot be dispossessed of the unencumbered interests. The judicial mortgage and all rights under it must he restricted to the property of the debtor…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
On the 6th of January, 1880, the plaintiffs leased a sugar plantation from John Gonzales & Co., an ordinary partnership, composed of John, Perico and Raphael Gonzales, joint owners of the plantation leased, eacli owning an undivided third of the same. The lease was for the term of two years, ending on the 31st December, 1881.
Among the stipulations of the contract was one to the effect that the lessors turned over to the lessees a lot of corn and hay then on the place, which the lessees were to return at the expiration of the term of the lease ;…
2Cited by14 opinions
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