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· 11/20/1916

Driebholz v. Mentz

Citations

  • 14 Teiss. 42
  • 1916 La. App. LEXIS 119

Syllabus

<p>Syllabus.</p> <p>As a rule, a seizing creditor is not entitled to interest upon his claim after the day of the adjudication of the thing seized and sold. But when by consent the adjudica-tee is allowed a delay to pay the price, the creditor will recover interest up to the day of payment to the Sheriff.</p> <p>An inscription in the mortgage office securing a claim enures to the benefit of the transferee, and he is not obliged to record the transfer.</p> <p>Executory process cannot issue on a claim which is not authentic.</p> <p>A creditor holding several claims secured by mortgage and privilege my sue on the inferior claim without forfeiting the superior one.</p>

Judges: Claiborne, Godchaux

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