Hardy v. Pecot

Citations

• 113 La. 350
• 36 So. 992
• 1904 La. LEXIS 649

Syllabus

<p>APPEAL — HARMLESS ERROR — RECEIVER — MORTGAGE FORECLOSURE — ATTORNEY’S FEE — WARRANTY.</p> <p>1. An amendment which covers items or claims allowed to exceptor will not afford ground for objection on appeal. Defendant had no further reason to complain.</p> <p>2. As between plaintiff and defendant there is, at this stage of the suit, no need for a commissioner or receiver. As to the remaining balance, commissioner or receiver may hereafter be heard.</p> <p>3. Interest was due to the date of sale, and not to the dates of the respective maturities of mortgage foreclosed.</p> <p>4. Fee of attorney was due on all the notes, matured and not matured.</p> <p>The question of law is remitted for consideration hereafter regarding claims after date of this opinion.</p> <p>5. Plaintiff is a judgment creditor, and has a judicial mortgage. Ilis right to safeguard his Interest, if the debtor will not, cannot be denied.</p> <p>6. One may be estopped in matter of warranty, although it is not possible to call him in warranty.</p> <p>7. A warrantor cannot ignore his warranty. It follows neither can one who holds under him, and who is equally bound.</p> <p>8. A vendor owes a warranty not only to the buyer, but to those who hold under him, and the buyer (from the warrantor) holds only the right his vendor had.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>