13 La. 313 | La. | 1839
delivered the opinion of the court.
This is an hypothecary action, on a note of the defendant, given to the plaintiff’s testator, for the price of a lot of ground.
The lot of ground was seized and sold, and adjudicated to one A. C. Tremoulet, who, in answer to a rule to show
The rule was made absolute, and Tremoulet appealed.
It does not appear to us that the judge a quo erred. Moreau, the mortgagor, bound himself not to alienate or mortgage the premises to the prejudice of his vendor and mortgagee. In the cases of Nathan et al. vs. Lee, 2 Martin, N. S. 32, and Donaldson vs. Maurin, 1 Louisiana Reports, 29, this court held, that the clause de non alienando, relieves the mortgage creditor, when he resorts to his hypothecary action, from the obligation or necessity of pursuing all the steps required by this action in ordinary cases, principally to make the vendee of the mortgagor, or person in possession, a party to the executory proceedings in the order of seizure and sale.
It is, therefore, ordered, adjudged and decreed, that the judgment of the court be affirmed, with costs.