Le Blanc v. Dashiell
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OP THE FOURTH JUDICIAL DISTRICT, POR THE PARISH OP IBERVILLE, THE JUDGE OP THE SECOND PRESIDING. This suit commenced by the hypothecary action.
Read the full summary
Eastern Dist. APPEAL FROM THE COURT OP THE FOURTH JUDICIAL DISTRICT, POR THE PARISH OP IBERVILLE, THE JUDGE OP THE SECOND PRESIDING. This suit commenced by the hypothecary action. The widow Le Blanc caused to be sold, in 18S0, in the parish of Iberville, the community property existing between her and her late husband, at probate sale, when Timoleon Lesassier became the purchaser of a tract of land, with two arpents front, &c.; paying part of the price, and giving a mortgage to secure the payment of the balance. In March, 1836, Lesassier sold to Addison Dashiell, the present defendant, who…
1Opinion of the CourtMorphy, J.
The plaintiff, in her own right, and as natural tutrix of her minor children, proceeded, by the hypothecary action, *275against defendant, as third possessor of some property mortgaged to her by T. Lesassier, his vendor. Defendant enjoined her proceedings on the following grounds, to wit:
A party having- a separate and independent right of action, is under no obligation, and cannot be required to intervene or cumulate his suit ■with others litigating about the same matter. The law not only requires a statement of facts, showing an injunction tp be necessary before it is granted, but they must be…
2Cited by3 opinions
- Barnett v. DevelleSupreme Court of Louisiana · 1974
- Speyrer v. MillerSupreme Court of Louisiana · 1902
- Frank v. MageeSupreme Court of Louisiana · 1897