Equitable Securities Co. v. Block

Citations

• 51 La. Ann. 478
• 25 So. 271
• 1899 La. LEXIS 425

Syllabus

<p>Syllabus.</p> <p>The asserted mortgage of the wife was cancelled twice on separate rules filed, and served upon all parties concerned.-</p> <p>The court had jurisdiction over the subject matter, and passed upon questions at issue. Whether the court’s decisions on these rules were erroneous or correct, do not present grounds enough for collateral attacks of the proceedings.</p> <p>The third opponent cannot treat the judgments ordering cancellation of the mortgage as absolute nullities, and recover the proceeds of the sale of the property on which she claims she has a mortgage, (by way of a third opposition).</p> <p>Even on a confession of a married woman (if there be anything in the nature of consent in these cancellations), a direct action must be brought to annul a judgment. Bell vs. I’rank, 23rd Ann. 599.</p>