Abbeville Rice Mill, Ltd. v. Shambaugh

Citations

• 115 La. 1048
• 40 So. 453
• 1906 La. LEXIS 453

Syllabus

<p>1. Evidence — Parol Evidence — Enforcement of Judicial Mortgage — Consideration.</p> <p>In a hypothecary action to enforce a judicial mortgage, parol evidence is not admissible to prove that the purchase price of the property was not paid in cash, as recited in the deed to defendants’ author, but that the true consideration was partly cash, a special mortgage held by the purchaser, and his assumpsit of a- vendor’s lien and mortgage held by a third person.</p> <p>2. Subrogation — When Allowed.</p> <p>Where the purchase price has been used in the payment of pre-existing mortgages, which were extinguished and canceled on the record, such payment gives no right of subrogation to the purchaser or his assigns, since the price thus used was the money of the vendor.</p> <p>3. Homestead — Sale—Judicial Mortgages.</p> <p>Where the owner sells his homestead, it passes to the purchaser and his assigns burdened with judicial mortgages inscribed against it. Denis v. Gayle, 4 South. 3, 40 La. Ann. 286; Herbert v. Mayer, 8 South. 590, 42 La. Ann. 839.</p> <p>(Syllabus.by the Court.)</p>