NEW ORLEANS SILVERSMITHS, INC. v. TOUPS

No. 52562.

263 So.2d 47 (1972)

262 La. 309

NEW ORLEANS SILVERSMITHS, INC. v. Algert J. TOUPS.

Supreme Court of Louisiana.

June 22, 1972.


Writ refused. The result is correct.

TATE, J., concurs. Technically, as the court of appeal dissent correctly points out, Civil Code Article 3158 and its 1952 amendment only affect a pledge and do not regulate the extent of a mortgage and the necessity for a principal debt secured thereby, insofar as third persons are concerned. Nevertheless, taking into consideration the jurisprudential development of the "collateral mortgage" security device, based upon the pledge...

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