Vidalia Bank & Trust Co. v. Purcell

8 La. App. 39, 1928 La. App. LEXIS 425
CourtLouisiana Court of Appeal
DecidedFebruary 3, 1928
DocketNo. 3038
StatusPublished

This text of 8 La. App. 39 (Vidalia Bank & Trust Co. v. Purcell) 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
Vidalia Bank & Trust Co. v. Purcell, 8 La. App. 39, 1928 La. App. LEXIS 425 (La. Ct. App. 1928).

Opinion

ODOM, J.

In 1917 R. T. Clark sold the Whitehall plantation in Concordia Parish to Thomas L. Cagle. The purchase price was not all paid by Cagle, and to secure the balance due Clark retained and Cagle granted a vendor’s lien and special mortgage on the plantation and immovables by destination for $65,000.00.

The mortgage was duly recorded in the mortgage records of Concordia Parish on October 20, 1917.

Subsequently Thomas L. Cagle sold said plantation to L. K. and E. M. Purcell, the same being sold subject to the vendor’s lien and special mortgage of R. T Clark. Subsequent to their purchase the Messrs. Purcell took possession of the plantation, and for its cultivation, use and improve[40]*40ment placed thereon thirty-seven head of livestock, consisting of mules and horses.

On December 15, 1923, the Vidalia Bank & Trust Company obtained judgment against the Messrs. Purcell for something like $29,000.00. It procured the issuance of a writ of fi. fa. thereunder and the sheriff seized and advertised for sale the livestock which the Purcells had placed upon the said plantation for its use, improvement and cultivation.

R. T. Clark, the original vendor, whose claim for the balance of the purchase price of the land had not been paid, intervened in the suit of the bank versus the Purcells and claimed the proceeds of the sale of the livestock, on the ground that said livestock, having been placed on the plantation for its service and improvement, were immovable by destination under Article 468 of the Civil Code and were subject to his vendor’s lien and special mortgage and that his privilege therefore primed that of the seizing creditor.

The horses and mules were sold for $1490.00, which amount was held by order of Court subject to its further orders.

On final trial the Court rejected intervenor’s demands and ordered the proceeds paid to the bank.

Clark, the intervenor, appealed.

OPINION

The mules and horses seized by the bank under its judgment were admittedly placed on the plantation for its service and improvement, but subsequent to the date on which Clark, the intervenor, sold to Cagle, so that they were not, of course, described and included in Clark’s mortgage.

Clark’s contention is that under Civil Code, Article 468, the livestock, when placed upon the plantation for its service and improvement, became at once immovable by destination, a part of the realty, and as they were on the plantation whéñ seized and were then owned by the owners of the land, they were subject to his mortgage, as much so as the land itself, under Article 468 of the Civil Code, which provides that things placed by the owner upon a tract of land for its service and improvement become immovable by destination.

This, we understand, would be conceded by counsel for plaintiff bank if it were not for Act No. 169'of 1914 which, in specific terms, provides — ■

“That no mortgage upon Rural Real Estate shall cover, or affect the livestock upon the said real estate, or that may thereafter be placed thereon, unless the said livestock be specially mortgaged in the act of mortgage, in which case the animals so hypothecated shall be described as near as may be, by kind, age, color, marks, brand and such other indicia by which livestock is identified.”

Counsel for Clark, on the other hand, concede that if Act No. 169 of 1914 be valid legislation, he has no mortgage or lien on the livestock seized by the bank, as they were not on the land when his mortgage was granted and were not, of course, described in the act.

But counsel for intervenor contend that the act referred to is unconstitutional for two reasons:

1st. Because it embraces more than one object; and,

2nd. Because these objects are not expressed in the title, in contravention of Article 31 of the Constitution of 1913, which provides that:

“Every law enacted by the General Assembly shall embrace but one object, and that shall be expressed in its title.”

[41]*41The question presented, therefore, is whether Act No. 169 of 1914 is constitutional.

The title of the act in question reads as follows:

“To regulate the mortgaging of Live Stock upon Rural Real Estate.”

The act contains three sections. Section 1 provides that—

“No mortgage upon Rural Real Estate shall cover, or affect the livestock upon the said real estate, or that may thereafter he placed thereon, unless the said livestock he specially mortgaged in the act of mortgage, in which case the animals so hypothecated shall be described, etc.”

Section 2 provides that—

“* * * the exemptions in the case of livestock mortgaged upon Rural Real Estate shall be the same as set forth in Act No. 65 of 1912.”

And Section 3 repeals all laws in conflict with the act.

It is clear enough, we think, that the act has but one purpose or object, that being, as expressed in the title, to “regulate the mortgaging of livestock upon rural real estate.”

Section 1 prescribes wjiat the act of mortgage, in order to affect livestock, shall contain — the livestock shall be “specifically mortgaged in the act,” and the “animals so hypothecated shall be described as near as may be by kind, age, color,” etc. — otherwise the act shall have no effect upon them.

That part of the act and that part alone, counsel contend, is covered by the title, and they contend that the act is open to the objection of duplicity because in section 2 it provides that the exemptions in the ease of livestock mortgaged upon rural real estate shall be the same as set forth in Act No. 65 of 1912; that in said section 2 there is set forth another purpose or object which is not mentioned in or suggested by the title.

Counsel, we think, are in error.

In carrying out the purpose of the act to regulate the mortgaging of livestock on rural real estate, the act, in section 2, does no more than restrict the operation or effect of the mortgage to those animals which are not exempt from seizure. It is stated that the exemption shall be the same as those specified in Act No. 65 of 1912, the chattel mortgage law then’ in force. The exemptions mentioned in the latter act are the same as those in Article 244 of the Constitution. The act does not create exemptions but merely recognizes those specified in the Constitution.

The word “regulate” used in the title of the act, means to adjust or control by rule: “to direct by rule or restriction” ^-(Webster).

One of the synonyms of the word “regulate” is “govern.” To “regulate” means to “govern by or subject to certain rules or restrictions”; to control, restrict or direct; “to restrict with-in certain rules and limitations.” 34 Cyc. 1029.

Section 2 of the act does nothing more than restrict or limit the effect or application of the mortgage to certain animals. To make such restriction is as much a “regulation” of the “mortgaging of livestock on rural real estate” as to prescribe that the animals mortgaged should be specifically described in the act.

The act directs the manner or method by which a valid mortgage may be obtained on livestock on rural real estate, and the restriction in section 2 is germane to that point.

[42]

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Bluebook (online)
8 La. App. 39, 1928 La. App. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vidalia-bank-trust-co-v-purcell-lactapp-1928.