Supreme Court of Louisiana, 1874

Reggio v. Blanchin

Reggio v. Blanchin
Supreme Court of Louisiana · Decided May 15, 1874 · Wyly
26 La. Ann. 532
Reggio v. Blanchin

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Opinion of the Court

Wyly, J.

This is an order of seizure and sale sued out against the

defendants, who are third possessors of the mortgaged property. There are two fatal delects:

FWsi — The mortgageor is not made party.

Second — The’mortgage does not contain the nonalienation clause.

The plaintiff has mistaken his remedy. It is in a hypothecary action. C. P., articles 68, 69 and 70.

It is therefore ordered that the judgment appealed from be annulled, and that petitioner be dismissed with costs.

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