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![handle is hein.slavery/ussccases0389 and id is 1 raw text is: 292 PATTERSON V. DE LA RONDE. [Sup. Ct.
Syllabus.
PATTERSON V. DE LA RONDE.
1. The 3333d article of the Civil Code of Louisiana, which in English is as
follows:
The registry preserves the evidence of mortgages and privileges during ten
years, reckoning from the day of their date; their effect ceases even against the
contracting parties if the inscriptions have not been renewed before the expira-
tion of this time, in the manner in which they were first made,
relates to the effect of the inscription, when. not renewed, not to the
effect of the mortgage, and declares that the inscription preserves such
evidence for ten years, and that its effect ceases if not renewed before
the expiration of that period. This construction of the article reached
by reading the English and French version together-the English and
French being printed in the same volume, by authority of the legisla-
ture of that State, in parallel columns, and the French being thus:
Les inscriptions conservent l'hypotheque et le privildge pendant dix ann6es .
compter dujour de leur date ; lear effet cesse mhme contre les parties contrac-
tantes si ces inscriptions n'ont &t6, renouveldes avant l'expiration de ce delai, do
]a mhme maniare quelles ont dtd prises.
2. The general doctrine, where registry of conveyances and mortgages is
required, that knowledge of an existing conveyance or mortgage is, in
legal effect, the equivalent to notice by the registry, is the law of Louisi-
ana as expounded by the decisions of her highest court.
3. Prescription of a mortgage and vendor's privilege does not begin to run,
until the debt secured has matured.
4. By the law of Louisiana, where property, susceptible of being mortgaged,
is to be sold under execution, the sheriff is required to obtain, from the
proper office, a certificate of the mortgages, &c., against it, and to read
it aloud before he cries the property; and also to give notice that the
property will be sold subject to them The purchaserin such case is obliged
to pay to the officer only so much of his bid as may exceed the amount
of the mortgages, &c., and is allowed to retain the amount required to
satisfy them.
The law, in these particulars, having been followed in a sale made in
this case, and, in his deed to the purchaser, tie marshal having recited
his proceedings at the sale; his announcement to the bidders of the
subsisting mortgages on the property, of which the first was a mortgage
of one Mrs. McGee to a certain Hloa; and the retention of the sum bid
by the purchaser to satisfy the amount due thereon ; Held, that by the
terms upon which the purchaser took the property at the marshal's sale,
and the stipulations contained in the marshal's deed accepted by him
and placed on record, he assumed to pay the amount due on Hoa's
mortgage, and could not, therefore, avoid compliance with his contract,
in this respect, on the ground that Hoa's mortgage had, in fact, at the](ViewImageLocal?handle=hein.slavery/ussccases0389&div=1&collection=&method=preview&ext=.png&size=3)