Denis v. Gayle
Supreme Court of Louisiana
APPEAL from the Fifteenth District Court, Parish of Pointe Coupee, Foist, J. A judgment, affirmed on appeal, recognizing a homestead right under Sec. 1691 etseq. ft.
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APPEAL from the Fifteenth District Court, Parish of Pointe Coupee, Foist, J. A judgment, affirmed on appeal, recognizing a homestead right under Sec. 1691 etseq. ft. S., constitutes res judicata. 35 Ann. 322,917; 37 Anu. 223. The district court cannot annul a judgment of the Supreme Court. 37 Ann. 341; 2 La. 9. To the action of nullity none can be parties except those who were parties to the judgment sought to be annulled. 15 Ann. 273. To annul a definitive judgment, plaintiff must allege that it has been obtained through fraud, or other ill-practices. C. !P. 607, The action to annul a…
1Opinion of the Court
The opinion of che Court was delivered by
Poca, J.
The main question presented for discussion in this ease is to determine whether the owner of an immovable which has been judicially recognized as his homestead under the act of 1865 (Eevised Statutes of 1870, Section 1691,) can sell such property free of judicial *287mortgages duly inscribed against him .in the parish wherein the property is situated.
Plaintiff, as the transferree of two judgments rendered against the defendant Gayle, seeks to enforce the judicial mortgage resulting therefrom against a tract of land and improvements thereon, now…
2Cited by19 opinions
- Pullen v. PullenSupreme Court of Louisiana · 1926
- Brantley v. PruittSupreme Court of Louisiana · 1932
- Murff v. RatcliffLouisiana Court of Appeal · 1932
- Turner v. BrowningsCourt of Appeals of Kentucky · 1908
- Acosta v. Whitney Nat. Bank of New OrleansSupreme Court of Louisiana · 1948
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