Legal Opinion

People's Independent Rice Mill Co. v. Benoit

Supreme Court of Louisiana

Decided November 26, 1906No. 16,017PublishedCited by 2 opinions

Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Edmund Dennis Miller, Judge. Action by the People’s Independent Rice Mill Company, Limited, against Felix Benoit and another. Judgment for plaintiff, and defendant Lewis appeals.

1Opinion of the CourtLand, J.

Plaintiff sued the defendant Benoit to recover judgment upon four notes, aggregating less than $2,000. One of these was a note for $425, secured by special mortgage on an improved tract of land containing 20 acres.

B.enoit had left the state, and the sui't as to-him was a proceeding in rem to foreclose the mortgage. Plaintiff also sued to annul a sheriff’s sale of the property to the defendant F. L. Lewis for the price of $334. The alleged grounds of nullity are that Lewis, having a judgment against Benoit, recognizing his lien as furnisher of building materials, upon the building and one acre…

2Cases cited1 opinion

  1. John Chaffe & Sons v. McGehee & Co.Supreme Court of Louisiana · 1886

3Cited by2 opinions

  1. Rich v. DonegheySupreme Court of Oklahoma · 1918
  2. Robinson & Co. v. CosnerSupreme Court of Louisiana · 1914

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