Mendelsohn v. Blaise

Citations

• 52 La. Ann. 1104

Syllabus

<p>Syllabus.</p> <p>1. Defendant. One who has put another in a position which he should not have been put is cstopi^ed from recalling the transfer to the prejudice of third persons.</p> <p>2. The holder acquired the pledge in good faith and for valuable consideration from one capable of transferring it. The pledge is binding.</p> <p>3. Intervenor. Although the intervenor is, equally with the pledgee, an inno* cent third person, his right is subordinate to the pledgee's who acquired a mortgage first in rank. Qui prior est tempore potior est jure.</p> <p>4. Injury. One having a general right or judicial mortgage against his debtor must show that the general right or mortgage is impaired because he cannot recover it, in order that he may proceed against the property pledged by the debtor to a third person.</p>