Herber v. Thompson
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. The terms, the language, or the form, used by the parties, and even the name which they may choose to give to a contract, can not change the real character of the contract. The pledgee may be said to be the owner of the thing pledged, although not owner in the absolute sense of the word. To the extent of the debt, he is for all practical purposes the owner of the thing pledged.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. The terms, the language, or the form, used by the parties, and even the name which they may choose to give to a contract, can not change the real character of the contract. The pledgee may be said to be the owner of the thing pledged, although not owner in the absolute sense of the word. To the extent of the debt, he is for all practical purposes the owner of the thing pledged. He can not, under any circumstances, be compelled to return it, before he has received the whole payment of the principal as well as the interest…
1Opinion of the Court
The opinion of the court was delivered by
MgEnery, J.
This case was before us in February, 1894, and is reported in the 46th Annual, p. 191. We refer to that case for a full statement of the pleadings. It will be seen by the pleadings that W. S. Parkerson is the real plaintiff, and Herber was the nominal plaintiff interposed by Parkerson. This proof has no bearing on the case other than as one of the links in the chain of evidence to prove the simulation of the mortgage..
The issues before us on this second appeal are whether the mortgage is simulated and fraudulent, having been given by the…
2Cases cited1 opinion
- Rhodes v. RhodesSupreme Court of Louisiana · 1836
3Cited by5 opinions
- Hollingsworth v. RatcliffSupreme Court of Louisiana · 1926
- Davis v. DavisLouisiana Court of Appeal · 1951
- Industrial Loan Co. of Monroe, Inc. v. HendricksSupreme Court of Louisiana · 1934
- Holmes & Barnes v. Shawnee Milling Co.Louisiana Court of Appeal · 1926
- Phelan v. WilsonSupreme Court of Louisiana · 1905