Schwartz v. Saiter
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. JRightor, J. 1. The privilege of the lessor does not prevent the sale of the things subject to his privi* lego by an ordinary judgment creditor. 27 Ann. 482; 31 Ann. 870; 31 Ann. 865. 2. The railroad company obtained judgment against Saiter, decreeing the property in question to be Saiter’s, subject to its lien; seized and advertised the same as his.
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APPEAL from the Civil District Court for the Parish of Orleans. JRightor, J. 1. The privilege of the lessor does not prevent the sale of the things subject to his privi* lego by an ordinary judgment creditor. 27 Ann. 482; 31 Ann. 870; 31 Ann. 865. 2. The railroad company obtained judgment against Saiter, decreeing the property in question to be Saiter’s, subject to its lien; seized and advertised the same as his. They are bound by their judicial averments and actions, and forever estopped from contradicting the terms of their own judgment. 4 Ann. 416; 5 Ann. 18; 26 Ann, 186-7; 27 Ann. 315-16;…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
This is a third opposition, coupled with au injunction against the sale of certain personal property as that of the judgment debtor.
Schwartz obtained judgment against W. S. Saiter, individually, and as lessee of opponent’s property, known as the Spanish Eort, for an *266amount due on open account for material furnished and by him employed in the construction of certain building's at or adjacent thereto, which enclose the machinery for operating' the electric light; in building certain cisterns, and laying the foundations for the machinery, etc.;…
2Cases cited2 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Hoffman v. LauransSupreme Court of Louisiana · 1841
3Cited by4 opinions
- Barrett Mfg. Co. v. Board of Com'rsSupreme Court of Louisiana · 1913
- Shreveport Long Leaf Lumber Co. v. ParkerLouisiana Court of Appeal · 1932
- Doyle v. United StatesUnited States Circuit Court · 1881
- Carroll Lumber Co. v. DavisSupreme Court of Louisiana · 1913