Lange v. Baranco
Supreme Court of Louisiana
^PPEAL from the Third District Court, parish of Orleans. Monroe, Defendant not having áppealed from the judgment dismissing her Be-conventional Demand, cannot by her Answer to the Appeal have that part of the case revised by this Court. Plaintiff sues as owner to be quieted in his possession. All he has to do, is to show his title, and to prove possession and disturbance, which, he has done.
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^PPEAL from the Third District Court, parish of Orleans. Monroe, Defendant not having áppealed from the judgment dismissing her Be-conventional Demand, cannot by her Answer to the Appeal have that part of the case revised by this Court. Plaintiff sues as owner to be quieted in his possession. All he has to do, is to show his title, and to prove possession and disturbance, which, he has done. I£ the alleged simulation were proved by Defendant, still the suit should be maintained, because Defendant has shown no title, and simulation may be lawful. 17 La. 128 ; 15 An. 547 ; 20 An. 172 ; 11 An.…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
Under the main, substantial averment that he is the actual legal possessor of the “ Washington Market-House ” in this city, and that the defendant disturbs him, without any legitimate authority, in the enjoyment of the same and of the revenues yielded thereby, the plaintiff applied for an injunction to restrain the defendant from further molesting him, and prayed to be quieted in the fruition of his rights, and that the defendant be mulcted in damages for slandering Ms title and disturbing him.
The answer admits the disturbance, charges…
2Cases cited2 opinions
- Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania · 1894
- Paul v. ShallcrossSupreme Court of Pennsylvania · 1830
3Cited by13 opinions
- Breaux v. LairdSupreme Court of Louisiana · 1956
- Allen v. Commercial National Bank in ShreveportSupreme Court of Louisiana · 1962
- Gormley v. GormleySupreme Court of Louisiana · 1926
- City of Shreveport v. KahnSupreme Court of Louisiana · 1939
- Alengi v. Hartford Accident & Indemnity Co.Supreme Court of Louisiana · 1935
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