Pearce v. Frantum
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE OF THE SEVENTH PRESIDING. This is an action to recover, from the defendant, damages for the fruits, rents and profits of 400 arpents of land, which it is alleged he occupied, used and possessed, without title, from -the year 1818, until the year 1833, when he wasfinally evicted from the land, by a decision of the Supreme Court.
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APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, THE JUDGE OF THE SEVENTH PRESIDING. This is an action to recover, from the defendant, damages for the fruits, rents and profits of 400 arpents of land, which it is alleged he occupied, used and possessed, without title, from -the year 1818, until the year 1833, when he wasfinally evicted from the land, by a decision of the Supreme Court. See case of Brown vs. Frantum, 6 Louisiana Reports, 39. The plaintiffs allege, that the defendant took illegal possession of said tract of land without shadow of title, and…
1Opinion of the Court
Bullard J.,
delivered the opinion of the court.
This case grows out of that of Brown vs. Frantum, decided by this court in October, 1833, between the same parties (see 6 Louisiana Reports, 39.) It is substantially a suit to recover the rents and profits, or fruits of the tract of land, then in controversy, from the inception of that suit; the plaintiff alleges that it was expressly agreed, that the question was reserved for future adjustment, and not litigated in that case.
The attention of this court is first drawn to a plea of res judicata, filed for (he first time on the appeal. Admitting…
2Cited by14 opinions
- Hobson v. PeakeSupreme Court of Louisiana · 1892
- Lowry v. ErwinSupreme Court of Louisiana · 1843
- Fernandez v. SoulieSupreme Court of Louisiana · 1876
- Baillio v. BurneySupreme Court of Louisiana · 1842
- Town of Thibodaux v. StarkSupreme Court of Louisiana · 1917
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