State ex rel. Greco v. Rightor

Citations

• 51 La. Ann. 1197
• 25 So. 972
• 1899 La. LEXIS 545

Syllabus

<p>Syllabus.</p> <p>1. Proceedings of foreclosure were pending when the mortgage debtor sold the-property mortgaged to relator who sued out a writ of mandamus to 'compel the district judge to grant him an injunction on grounds already passed upon by the District Court and from which no suspensive appeal was taken.</p> <p>2. During the pendency of foreclosure proceedings, the debtor cannot convey the property mortgaged to the prejudice of plaintiff in the proceedings. The injunction prayed for, if granted, would be prejudicial to plaintiff’* rights.</p> <p>3. Relator was without a right of action, as he was not a third person, and, consequently, the refusal of the injunction was within the discretion of the-District Court. 4áth Ann., 1081; State e® rel. Kenner vs. Judge, 50th Ann. 995.</p>