Belouguet v. Lanata
Supreme Court of Louisiana
APPEAL from the Second District Court of New Orleans, Morgan, J. The appellant respectfully petitions for -a re-hearing, and begs leave to submit the following observations in support of his application: In the opinion delivered by the majority, of the-court, it is observed : “We think it sufficiently established by affirmative, proof; that the pbrtion of the money loaned, which went to nay the debt of $3,611 20, due to the Citizens’ Bank, enured to her benefit.”
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APPEAL from the Second District Court of New Orleans, Morgan, J. The appellant respectfully petitions for -a re-hearing, and begs leave to submit the following observations in support of his application: In the opinion delivered by the majority, of the-court, it is observed : “We think it sufficiently established by affirmative, proof; that the pbrtion of the money loaned, which went to nay the debt of $3,611 20, due to the Citizens’ Bank, enured to her benefit.” Hence, it is clear that the attitude, in which the plaintiff stands before this honorable court, is this : she alleges that she has…
1Opinion of the CourtSpoitobd, J.
In January, 1854, Mrs. Belouguet, assisted by her husband, mortgaged some of her dotal property, to secure the sum of $11,533 30 ad*3vanccd upon her promissory notes; the act of mortgage stated that this sum was “advanced in order to enable her to pay certain mortgage debts due the Citizens’ Bank of Louisiana, to Ji A. Dwel, as also certain other debts contracted by her for her use and benefit.”
She and her husband afterwards brought this suit against the holder of the notes and mortgage, to have the mortgage declared null and void; first, because the money thus lent, did not enure to her…
2Cases cited1 opinion
- Guerin v. RivardeSupreme Court of Louisiana · 1844