Teutonia Loan & Building Co. v. Cronan

Citations

• 115 La. 532
• 39 So. 551
• 1905 La. LEXIS 693

Syllabus

<p>Building and Loan Associations — Seizure and Sale — Abuse oe Process — Dismissal oe Proceedings.</p> <p>Where, under a contract with a homestead association, whereby such association has undertaken to build a house on lots transferred to it for that purpose and then resell the property to the owner of the lots at a fixed price payable in installments, payments have been made during a series of years, and gross errors have been committed by the association in the charging of interest and the keeping of the account, and the establishment of its claim for a balance alleged to be due is dependent upon evidence not authentic, the resort to the writ of seizure and sale savors of an abuse of that process, and, in the absence of an amendment to the pleadings changing the proceeding to an ordinary action, such proceeding will be dismissed and the parties relegated to such other form of action as they may be advised to pursue.</p> <p>(Syllabus by the Court.)</p>