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Current as of January 01, 2023 | Updated by Findlaw Staff
In the case mentioned in the preceding article, if the property mortgaged, which has been collated in kind, falls by the partition to the donee, the mortgage continues to exist thereon as if it had never been collated; but if the donee receives for his portion other movables or immovables of the succession, the creditor shall have a privilege for the amount of his mortgage on the property which has thus fallen to his debtor by the partition.
Cite this article: FindLaw.com - Louisiana Civil Code Tit. I, Art. 1265. Preservation of creditor's mortgage rights after partition - last updated January 01, 2023 | https://codes.findlaw.com/la/civil-code/la-civ-code-tit-i-art-1265/
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