Grant Timber & Manufacturing Co. v. Gray
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. The- facts, which involve the constitutionality, under the due process clause of the Fourteenth Amendment, of Article 55, Louisiana Code of Procedure, relating to pos-sessory ánd petitory actions, are stated in the opinion.
1Opinion of the CourtJustice Holmes
This is a possessory action for land coupled with a. demand for damages for timber taken by the defendant, the plaintiff in error, from the premises. After it was begun the defendant brought a petitory suit to establish its title to the land and sought for a stay of proceedings in the present case until its title could be adjudicated, setting up, that to allow the plaintiff to recover the value of the timber without proving ownership would be contrary to the Fourteenth Amendment and a taking of the defendant’s property without due process of law. The plaintiff recovered a judgment for…
2Cases cited3 opinions
- Turner v. New YorkSupreme Court of the United States · 1897
- Kentucky Union Co. v. KentuckySupreme Court of the United States · 1911
- Blinn v. NelsonSupreme Court of the United States · 1911
3Cited by21 opinions
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- Lindsey v. NormetSupreme Court of the United States · 1972
- Pernell v. Southall RealtySupreme Court of the United States · 1974
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
- Central Union Trust Co. of NY v. GarvanSupreme Court of the United States · 1921
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