Legal Opinion

McDonough v. Le Roy

Supreme Court of Louisiana

Decided November 15, 1841PublishedCited by 6 opinions

This is an appeal from a judgment of the District Court of the first district, Buchanan, J. The action was orignally instituted before the parish court of Jefferson, and the judgment of that tribunal was affirmed by the court from which this appeal is immediately taken.

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This is an appeal from a judgment of the District Court of the first district, Buchanan, J. The action was orignally instituted before the parish court of Jefferson, and the judgment of that tribunal was affirmed by the court from which this appeal is immediately taken. The plaintiff represented that he had sold a certain lot of ground, on which he retained a mortgage to secure the payment of notes to the amount of five thousand dollars, taken from his vendee for the price of the land; that the defendant, through the agency of the sheriff of the parish, was about to sell a house erected on…

1Opinion of the CourtMartin, J.

The plaintiff is appellant from a judgment affirming that of the parish court of Jefferson, dissolving an injunction which he had obtained to prevent the sale of a house built on a lot of ground on which the plaintiff had a mortgage as vendor, and which the defendant, who had a privilege thereon for materials furnished, was attempting to sell separate and apart from the lot on which it had been erected. The parish court was of opinion that although the plaintiff had a privilege on the building, this privilege was not of as high a class as that of the defendant,jthe seller of the lumber.. The…

2Cases cited1 opinion

  1. Cordeville v. HosmerSupreme Court of Louisiana · 1840

3Cited by6 opinions

  1. Walburn-Swenson Co. v. DarrellSupreme Court of Louisiana · 1897
  2. Succession of BienvenuSupreme Court of Louisiana · 1901
  3. Hall v. R. B. Hawley & Co.Supreme Court of Louisiana · 1897
  4. Atkins v. SmithLouisiana Court of Appeal · 1944
  5. New Orleans Land Co. v. Southern States Fair-Pan-American Exposition Co.Supreme Court of Louisiana · 1918

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