Lacoste v. West

Decided August 15, 1867

Supreme Court of Louisiana · decided 1867-08-15

<p>The builder has a privilege on the building which he may have constructed, but if tho amount is over five hundred dollars, the agreement must be in writing, and registered, to preserve the privilege. C. O. 2746.</p> <p>Where property sold under a mortgage brings more than the amount of the mortgage, the builder having a privilege next in rank to the mortgage, is entitled to the overplus.</p>

Decided 1867-08-15

¶1On Rehearing.

Labauve, J.

¶2In this case a rehearing was granted to the plaintiff and appellee, upon the question whether he is not entitled to the residue Of the proceeds after paying defendant’s mortgage debt.

¶3As regards the seized debtor, the plaintiff has a privilege and mortgage upon the property seized, but the defendant’s mortgage is preferable, "and must be paid first, together with the cost of seizure and sale. We believe that justice entitles the plaintiff to the residue.

¶4It is therefore ordered and decreed, that our former judgment be • amended, as follows: It is further ordered and decreed, that after paying the defendant’s mortgage debt and cost in the seizure and sale, the sheriff do pay to the plaintiff, the residue of the proceeds in dispute, and that as amended, our former decision remain affirmed, the said plaintiff and appellee to pay the cost of the injunction in both courts.