Consolidated Ass'n of the Planters v. Blanc
Consolidated Ass'n of the Planters v. Blanc
Opinion of the Court
This is a proceeding to cause to be annulled the-recording of a judgment, from which a judicial mortgage purported.
On the eleventh January, 1870, E. Blanc took a rule on the plaintiffs and the recorder of mortgages to show cause why the judicial mortgage showing on the records ot the office should not be canceled and erased, on the ground that the notes on which the judgment was founded were given in part payment of the price of a slave. The sale was made absolute, and the defendants in rule hace appealed.
The judgment was ab initio void. The court was without power to render it. The consideration for which the notes sued upon were given was one reprobated by law. The notes were illegal and invalid, and the judgment in which they were merged necessarily so likewise. Wainwright v. Bridges, 19 An. 234; Groves v. Clark & Carneal, 21 An. 567.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.