Executors of Bird v. Lobdell

Supreme Court of Louisiana

Executors of Bird v. Lobdell

28 La. Ann. 305

CourtSupreme Court of Louisiana

DecidedMarch 15, 1876

DocketNo. 6194

StatusPublished

This text of 28 La. Ann. 305 (Executors of Bird v. Lobdell) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Executors of Bird v. Lobdell, 28 La. Ann. 305 (La. 1876).

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Opinion

Howell, J.

This is a contest between a special mortgagee and the furnisher of materials for the building .of a sugar-house on the mortgaged premises.

The privilege accorded by law to the furnisher of said materials has not been preserved so as to rank the existing mortgage, that is, by recording tho evidence thereof on the day that the contract for the materials was entered into, as required by article 3274, Revised Civil Code. See 23 An. 286.

The impossibility of registering this particular contract, as alleged, can not vary the law or its interpretation as fixed by the established jurisprudence of the State. The law declares that the act or other evidence of the debt must be recorded on the day that the contract was entered into, in order to give such privilege a preference over creditors who have acquired a mortgage. ■

Judgment affirmed.

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Howell, J.

This is a contest between a special mortgagee and the furnisher of materials for the building .of a sugar-house on the mortgaged premises.

The privilege accorded by law to the furnisher of said materials has not been preserved so as to rank the existing mortgage, that is, by recording tho evidence thereof on the day that the contract for the materials was entered into, as required by article 3274, Revised Civil Code. See 23 An. 286.

The impossibility of registering this particular contract, as alleged, can not vary the law or its interpretation as fixed by the established jurisprudence of the State. The law declares that the act or other evidence of the debt must be recorded on the day that the contract was entered into, in order to give such privilege a preference over creditors who have acquired a mortgage. ■

Judgment affirmed.

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Bluebook (online)

28 La. Ann. 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-bird-v-lobdell-la-1876.