Willis v. Wasey
Supreme Court of Louisiana
APPEAL from tlie Fourteenth District Court; Parish of Calcasieu. Reed, J. An exception that petition shows no ground of action, admits tlie truth of all tlie allegations of the petition. 9 Ami. 9 ; 12 Ann. 190. Plaintiff’s allegation amply justify the issuance of the writ.
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APPEAL from tlie Fourteenth District Court; Parish of Calcasieu. Reed, J. An exception that petition shows no ground of action, admits tlie truth of all tlie allegations of the petition. 9 Ami. 9 ; 12 Ann. 190. Plaintiff’s allegation amply justify the issuance of the writ. Privileges are stricii juris, cannot arise from consent, hut spring from the law. 16 Ann. 107; 23 Aim. 3 ; 24 Ann. 568. Mortgages are slricti juris, and take effect against third persons, only from the date of tlieir inscription, in the maimer directed by law. 30 Ann. 835, and authorities cited. O. C. Act 2266 — “All sales…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This is a proceeding by mandamus to compel the erasure of an inscription of a certain contract between defendant and another party, alleged to be injurious to plaintiff, as the owner of a large tract of land intended by the contracting parties to be affected thereby.
The defense was by -way of an exception in which it was contended substantially that plaintiff’s petition disclosed no cause of action, and contained no averments to justify a recourse to- the summary proceeding by mandamus. ,
That defense prevailed and plaintiff ajipeals.
It is now…
2Cited by2 opinions
- State ex rel. Drew v. MyattSupreme Court of Louisiana · 1909
- Oakdale Bank & Trust Co. v. YoungLouisiana Court of Appeal · 1925