Hill v. Barlow
Supreme Court of Louisiana
Appeal from the District Court of Madison, Curry, J. The prescription of one year was not completed when service of citation was accepted by the curator ad hoc, appointed to represent the bank. This acceptance was as good as actual service by the Sheriff. 4 Marl. N. S. 238, 680. 4 La. 257. 12 La. 596. 13 La. 285. But the prescription of one year is inapplicable to this case, the plaintiffs residing out of this State.
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Appeal from the District Court of Madison, Curry, J. The prescription of one year was not completed when service of citation was accepted by the curator ad hoc, appointed to represent the bank. This acceptance was as good as actual service by the Sheriff. 4 Marl. N. S. 238, 680. 4 La. 257. 12 La. 596. 13 La. 285. But the prescription of one year is inapplicable to this case, the plaintiffs residing out of this State. Civil Code, arts. 3437, 3442, 3443, 3444, 3507, 3508, 3510, 3511. Code of Practice, art. 593. Being an action fortherescission ofa contract, and the plaintiffs being…
1Opinion of the CourtSimon, J.
Several creditors of the defendant, Barlow, have joined in this action, for the purpose of annulling a mortgage given by him and his wife to the Commercial Bank of Natchez, to secure the payment of a large sum of money, declared in the act to be due by Barlow to the Bank. This act of mortgage was passed on the 13th of March, 1.839, before the Judge of the Parish of Concordia, and was duly recorded in the Parish of Madison, where the property is situated.
The plaintiffs complain, that Noah Barlow, being, to the knowledge of the Commercial Bank, in insolvent circumstances at the time that the…
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