Succession of Wilson
Supreme Court of Louisiana
APPEAL from the District Court, Fourth District, Parish of Ascension, Waller-son, J., presiding.
1Opinion of the CourtBuchanan, J.
We are of opinion there is no subrogation to Lalande's judgment and mortgage in favor of Sheafe, as.against Gardner's heirs.
Wilson purchased of Gardner a tract of land on which Lalande had a mortgage resulting from the registry of a judgment against Gardner.
In part payment of the price, Wilson undertook to discharge Lalande’s mortgage, and for that purpose furnished a draft, in favor of Lalande, on Sheafe, at *295ninety days’ date, (due 3d April, 1848,) which draft was received by the vendor as cash.
Sheafe paid the draft at maturity; hut before paying it, called on the payee and holder, Lalande,…
2Cited by5 opinions
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