Hebert v. Smylie

Louisiana Court of Appeal

Hebert v. Smylie

1 Gunby 73

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 73 (Hebert v. Smylie) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hebert v. Smylie, 1 Gunby 73 (La. Ct. App. 1885).

Pincite

Opinion

Gunby, J,

A mortgage on personal property is null; but a stipulation in such mortgage that the mortgagor will pay ten per cent, as attorney’s fees in case it be necessary to resort to judicial proceedings to enforce the collection of the note to secure which [74]*74the mortgage is given, is an obligation independent of the mortgage and is valid and binding, though the mortgage be avoided. 21 An. 8.

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Gunby, J,

A mortgage on personal property is null; but a stipulation in such mortgage that the mortgagor will pay ten per cent, as attorney’s fees in case it be necessary to resort to judicial proceedings to enforce the collection of the note to secure which [74]*74the mortgage is given, is an obligation independent of the mortgage and is valid and binding, though the mortgage be avoided. 21 An. 8.

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Bluebook (online)

1 Gunby 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hebert-v-smylie-lactapp-1885.