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BONDURANT V. WATSON, 103 U. S. 281 (1880)

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U.S. Supreme Court

Bondurant v. Watson, 103 U.S. 281 (1880)

Bondurant v. Watson

103 U.S. 281

Syllabus

1. This Court enforces, as a rule of property applicable to Louisiana, the decision of the supreme court of that state that a mortgage of lands has no effect as to third persons unless it be inscribed in the proper public office, and that, save in the single case of a minor's mortgage upon the property of his tutor, every mortgage ceases to be effectual against third parties unless it be reinscribed within ten years from the date of its original inscription, and that neither the pact de non alienando nor the pendency of a suit to foreclose dispenses with the necessity of so inscribing or reinscribing it.

2. A., a citizen of Louisiana, filed a bill in a court of that state praying for an injunction to restrain B., who had recovered judgment against C. in that court, and sued out thereon a fieri facias from levying the writ upon a tract of land whereof A. was the owner and actual possessor by a good and valid title from C. The judgment declares that an authentic act of mortgage, executed by C. and covering that and other tracts, was rendered executory, and that all the lands should be seized to satisfy it. The act was not reinscribed. A. was not a party to the judgment, nor was any demand made of or notice given to him. B. was a citizen of Mississippi, and filed a petition for the removal of the suit. Held that the amount in controversy being sufficient, the suit was removable under the Act of March 3, 1875, c. 137, 18 Stat., pt. 1, p. 470.

3. The citizenship of the parties need not be averred in the petition for removal where it is shown by the record.

The facts are stated in the opinion of the Court.





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