Delahoussaye v. Dumartrait
Supreme Court of Louisiana
ON A ItE-HEARING. This case comes up on a re-hearing. At the September term, 1832, of this court, holden at Opelousas, a judgment was rendered disallowing the defendant’s plea of prescription, opposed to the plaintiff’s demand.
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ON A ItE-HEARING. This case comes up on a re-hearing. At the September term, 1832, of this court, holden at Opelousas, a judgment was rendered disallowing the defendant’s plea of prescription, opposed to the plaintiff’s demand. See 4 Louisiana Reports, 368. The plaintiff had a judgment against B. Delahoussaye, (who had been his curator) obtained in 1827, with a legal mortgage on all his property which he owned at and since the 14th of October, 1814. He now seeks to enforce this mortgage against a tract of land, sold under execution, as the property of said Balthazar Delahoussaye, and…
1Opinion of the CourtMorphy, J.
This is an hypothecary action against property in the hands of the defendant, as a third possessor, and was brought to satisfy a judgment, obtained by the plaintiff, against Balthazar Delahoussaye, who was his curator, and to whom the land formerly belonged. The defence set up, is that, in a notarial act in which the plaintiff was assisted by his curator, he renounced his tacit mortgage on the premises ; that although he was then a minor, he cannot now ask for the nullity or rescission of his renunciation, because he is barred by prescription; more than Jive years having elapsed between his…
2Cited by4 opinions
- Ernest Realty Co. v. Hunter Co.Supreme Court of Louisiana · 1938
- Hamilton v. MooreSupreme Court of Louisiana · 1914
- Marshall v. Grand Gulp Railroad & Banking Co.Supreme Court of Louisiana · 1845
- Otis v. Texas Co.Supreme Court of Louisiana · 1922