Polhman v. De Bouchel
Supreme Court of Louisiana
^PPEAL from the Fourth District Court, parish of Orleans. Campbell, First — A double dwelling house, stable, cistern and outstanding buildings, whether they have their foundations in the soil or not, are declared immovable by Art. 464 O. 0. They constitute a part of the immovable, and cannot be sold separately. 21 A. 324 ; 12 A. 227; 23 A. 749 ; 25 A. 436 ; 26 A 349 ; 2 A. 451. Second — The plaintiff does not pretend that he made or constructed the improvement, or that they…
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^PPEAL from the Fourth District Court, parish of Orleans. Campbell, First — A double dwelling house, stable, cistern and outstanding buildings, whether they have their foundations in the soil or not, are declared immovable by Art. 464 O. 0. They constitute a part of the immovable, and cannot be sold separately. 21 A. 324 ; 12 A. 227; 23 A. 749 ; 25 A. 436 ; 26 A 349 ; 2 A. 451. Second — The plaintiff does not pretend that he made or constructed the improvement, or that they were made or constructed out of his materials, but sets up that he bought them of a third person. Under no circumstances…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
The plaintiff in this suit seeks to be recognized as the owner of certain improvements," consisting of a “ double dwelling house, stable, cistern and outstanding buildings,” erected on a tract or parcel of land belonging to the defendant. He alleges that he became the purchaser of these improvements by an act of sale from George Kuntz (the former owner), passed on the 16th of July, 1875 ; that on the 17th of July, 1875, the defendant acquired the land, on which are the improvements, at sheriff’s sale ; that defendant withholds from him…
2Cases cited2 opinions
- O'Brien v. American Dredging Co.Supreme Court of New Jersey · 1891
- Connelly v. LercheSupreme Court of New Jersey · 1893
3Cited by7 opinions
- Green v. SmallSupreme Court of Louisiana · 1955
- Benoit v. Acadia Fuel & Oil Distributors, Inc.Louisiana Court of Appeal · 1975
- Ellis v. DillonLouisiana Court of Appeal · 1977
- Holicer Gas Co. v. WilsonLouisiana Court of Appeal · 1950
- Bayou Fleet Partnership v. Dravo Basic Materials Co.Court of Appeals for the Fifth Circuit · 1997
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