Legal Opinion

Tobin v. White

Supreme Court of Louisiana

Decided June 16, 1917No. 22523PublishedCited by 1 opinion

Appeal from Civil District Court, Parish of Orleans; E. K. Skihner, Judge. Action by Ellen Virginia Tobin against Albert Sidney White and another. From judgment for plaintiff, first-named defendant appeals.

1Opinion of the CourtO’NIELIi, J.

The recorder of mortgages prosecutes this appeal from a judgment rendered on a rule ordering him to cancel the plaintiff’s legal mortgage securing her paraphernal claims against her husband. The plaintiff proceeded according to the provisions of article 329 of the Civil Code. The act passed before the notary public, as authority for the cancellation of the mortgage, contains all of the recitals required by that article of the Code. The plaintiff made the formal renunciation, not in favor of any designated third persons, but in favor of any and all persons; that is, in favor of all persons…

2Cases cited5 opinions

  1. Matthews v. Otis Mfg. Co.Supreme Court of Louisiana · 1917
  2. Equitable Securities Co. v. TalbertSupreme Court of Louisiana · 1897
  3. Factors & Traders' Insurance v. WarrenSupreme Court of Louisiana · 1885
  4. Luckett v. Canadian & American Mortgage & Trust Co.Supreme Court of Louisiana · 1895
  5. Succession of MontgomerySupreme Court of Louisiana · 1892

3Cited by1 opinion

  1. S. B. Hicks Motor Co. v. CaldwellSupreme Court of Louisiana · 1920

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