Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 85

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 85

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...is trusted personally. 9 R. 914. (c) Wlicre the plice of aduulicatiou is not sufiioii-nt to pay all the concurrent nmrtgage notes. the purchaser must pay the pro min share of the seizing Creditor to the sheriff, and retain the pro rota share of the holders of the other notes. ill A. 381. D. (ms) W'here it is impossible to tell, without judicial investigation, what proportion the purchaser must pay and what muiin, the law will not force the purchaser to he judge at his peril. (b) Vh(re the purchaser does not know to whom to pay the balance in his hands, he will not be forced to decide at his peril; he has a right to institute an action against the claimants. and have the court decide between them. 'I R. 398. (c) The some remedy is allowed a. sheritf if the claimants will not take steps to test their right to u fund in his hands. 1 A. 14-i. (d) The remedy allowed to these two, when in doubt, is, under similar circumstances, also allowed the purchaser. (e) For the seizing creditor cannot urge s. reasonable objection against our doing, when in doubt, what these otlu-rs cnnld do. (j) 'heru n party holds mom-y, to which difll-rent parties lay claim, his remedy is to pay the money into court. 6 A. 439. E. Finer. Where, from the peculiar circumstances of a case, the textual provisions of our C. P. give no action, the courts will give one oz necauilate rei, to prevent injury to an innocent party, and prevent a failure ofjustico. SECOND In giving this remedy the court will look tn other systems of other States and follow their mode of granting relief. Louisiana courts have actually borrowed from the common law. THIRD. The proceeding taken in this case is identical with the one granted in chancery under similar circumstances. ' FOURTH. When...
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Product details

  • Paperback | 612 pages
  • 189 x 246 x 31mm | 1,075g
  • United States
  • English
  • black & white illustrations
  • 1236945026
  • 9781236945020