Lamkin v. Maxwell

Decided July 1, 1880

Supreme Court of Louisiana · decided 1880-07-01

Hough, J. Thomas J. Morrison in 1874 mortgaged a house and lot in Tallulah to the plaintiffs, and in 1875 to the defendants, both of which were recorded. The lot belonged to his mother and aunt. The house had been built by him upon it with their permission. It was a shop or store. In 1876 he sold the house to the plaintiffs, and shortly thereafter the mother and aunt sold the lot to them.

Relies on Hill v. Barlow · Millaudon v. Allard

Decided 1880-07-01

Marr, J.

¶1The plaintiffs were absentees and it was decided in Allain v. Millandon, 2 La. 552, and in Hill v. Barton, 6 Rob. 150, that a mortgage, executed and recorded by the mortgagor in favor of an absentee, and not accepted by him, takes rank over a subsequent mortgage. Inquiry into the rank of these mortgages is useless The title never for a moment vested in Morrison, and the mortgages *323were without effect. The plaintiffs bought the house of him and thereby acquired any right he had to it, and they acquired the lot from its owners, together with any rights they may have had to the house.

¶2Judgment reversed and injunction perpetuated.