Marin v. Lalley
Supreme Court of the United States
On motion to dismiss an appeal from the Circuit Court for the'District of Louisiana; the case being thus: 1« Louisiana a mortgage creditor may apply to a judge at chambers, or in court, upon non-payment of the mortgage debt, and obtain from him an order of seizure and sale, when the mortgage imports a confession of judgment. . It is said to import such confession when the mortgage has been “ passed before a notary public in the presence of two witnesses-and the debtor has…
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On motion to dismiss an appeal from the Circuit Court for the'District of Louisiana; the case being thus: 1« Louisiana a mortgage creditor may apply to a judge at chambers, or in court, upon non-payment of the mortgage debt, and obtain from him an order of seizure and sale, when the mortgage imports a confession of judgment. . It is said to import such confession when the mortgage has been “ passed before a notary public in the presence of two witnesses-and the debtor has declared or acknowledged the debt for which the mortgage is given.”* The order of seizure and sale, called executory…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
As the Code of Practice requires that three days’ notice be given to the debtor, and the judge is required to examine and decide whether the instrument unites all the requisites of the law- necessary to authorize this summary proceeding, his decision is a judgment or decree, and an appeal lies from it; for it may be erroneously made on evidence not warranting the issuing of the executory process. † It is in substance a decree of foreclosure and sale, which has repeatedly beeu held .to be a final decree. ‡
In the case before us it seems there…
Also in this document: Dissent.
2Cases cited3 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Bronson v. Railroad Co.Supreme Court of the United States · 1863
- Levy v. GadsbySupreme Court of the United States · 1805
3Cited by15 opinions
- Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
- Fleitas v. RichardsonSupreme Court of the United States · 1893
- In re Remington Park Owners Ass'nUnited States Bankruptcy Court, E.D. Virginia · 2016
- Schneider v. United StatesUnited States Court of Claims · 1884
- Nelson v. Lowndes CountyCourt of Appeals for the Fifth Circuit · 1899
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