Carroll v. Chaffe
Supreme Court of Louisiana
APPEAL from the Tenth District Court, Parish of Bed Biyer. Logan, J. I. The lessee of mortgaged property, like any other third possessor, has arightto require on© proceeding to dispossess him, under executory proceedings, to exhibit a notarial title to the mortgage note, notwithstanding the act of mortgage contains the non-alienation clause. S. The remedy by appeal is not exclusive. The action of nullity in a judicial proceeding may often be asserted by injunotion as well.
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APPEAL from the Tenth District Court, Parish of Bed Biyer. Logan, J. I. The lessee of mortgaged property, like any other third possessor, has arightto require on© proceeding to dispossess him, under executory proceedings, to exhibit a notarial title to the mortgage note, notwithstanding the act of mortgage contains the non-alienation clause. S. The remedy by appeal is not exclusive. The action of nullity in a judicial proceeding may often be asserted by injunotion as well. The injunction is the only remedy when some of the matters complained of as rendering the proceedings null aro dehora tho…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an injunction proceeding to arrest and annul an order for executory process, issued to enforce the payment of a note for $5,500, secured by vendor’s privilege and special mortgage on the land sold.
On exceptions and on a rule to dissolve, the injunction was quashed and set aside, reserving defendant’s rights for damages on the bond.
From the judgment thus rendered this appeal is taken. The plaintiffs are two in number: 1st, tlie drawer of the note, who is the purchaser of the land; and 2d, one claiming to be the lessee of the…
2Cited by7 opinions
- General Motors Acceptance Corp. v. AnzelmoSupreme Court of Louisiana · 1953
- Coreil v. VidrineSupreme Court of Louisiana · 1937
- Holliday v. LoganSupreme Court of Louisiana · 1913
- Hicks v. BellLouisiana Court of Appeal · 1925
- Weber v. DawsonSupreme Court of Louisiana · 1931
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