Summary

Joseph P. Bradley Ridings v. Johnson — Opinion of the Court

Then came the Code of 1825, which repeated, in substance, the provision of the Code of 1808, declaring, in articles 3314 and 3315, that mortgages are only allowed to prejudice third persons when they have been publicly inscribed on records kept for that purpose; but that by the words 'third persons' are to be understood all who are not parties to the act or judgment on which the mortgage is founded, and who have dealt with the debtor either in ignorance of the right or before its existence.
Source: Wikisource

Joseph P. Bradley Ridings v. Johnson — Opinion of the Court

First, let us examine the main ground of complainant's claim to relief, namely, that his vendor's privilege and mortgage is superior in right to that created by the mortgages given to Payne, Huntington & Co., and hence that he is not bound by the foreclosure of their mortgages by means of the executory process. If this ground is untenable, if he has no such superior right, the main support of his case is taken away, and, of course, we must take the case at it is made by his own showing.
Source: Wikisource

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