Semple v. Scarborough
Supreme Court of Louisiana
APPEAL from the Tenth District Court, Parish of DeSoto. J. 1.There is a strong analogy between the plea of res judicata and lis jyendens, and1 it is a fair tost to inquire whether a final judgment in the former suit would be res jvdicata in the latter.
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APPEAL from the Tenth District Court, Parish of DeSoto. J. 1.There is a strong analogy between the plea of res judicata and lis jyendens, and1 it is a fair tost to inquire whether a final judgment in the former suit would be res jvdicata in the latter. If it would, the exception of Us pendens is well pleaded* 4 An. 520; 8 An. 15; O. P.335; 5 An. 494; 12 An. 726; 13 An. 535; 27 An.79 (82); Dross on Pleading, See. 176, p. 169; If lien., p. 1166. 2.Third persons not originally party to the suit may intervene in the same, and, like the defendant, institute demands, provided the samo be incidental…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Plaintiff sues to foreclose via ordinaria a vendor’s privilege and mortgage against the defendant, amounting to $1237.40, and for interest and fee of attorney, on a tract of land, known as the Forston place, in the parish of De Soto.
The defendant makes no defence personally.
As the tutor of his minor children he intervened, and in his petition of intervention avers that this property was on the fifteenth day of December, 1886, mortgaged to him, as tutor, to secure twa amounts, aggregating $3577.21, and interest.
There was another amount of…
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- Himel v. ConnelySupreme Court of Louisiana · 1940
- Schexnayder v. Unity Industrial Life Ins. Co.Louisiana Court of Appeal · 1937
- Stevens v. New Orleans and Northeastern Railroad Co.District Court, E.D. Louisiana · 1972
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