Guesnard v. Soulie

Citations

• 8 La. Ann. 58

Syllabus

<p>The effect of the pact de non aMenando, so far as the party in whose favor it operates is concerned, is, that in contemplation of law, the property remains in the possession of the original debtor, notwithstanding it may have been alienated by him; and those who purchase it, or acquire real rights on it, are presumed to know the titles and incumbrances under which they hold.</p> <p>The mortgagee, in such a case, has a right to proceed by the via executiva, after the alienation, as if the property still belonged to the mortgagor.</p>