Legal Opinion

State ex rel. Board of Com'rs of Buras Levee Dist. v. N. A. Baker & Son

Supreme Court of Louisiana

Decided January 5, 1920No. 23572PublishedCited by 8 opinions

Appeal from Twenty-Ninth Judicial District Court, Parish of Plaquemines; R. Em-met Hingle, Judge. Mandamus by the State, on the relation of the Board of Commissioners of Buras Levee' District to compel the erasure from the records by the clerk and ex officio recorder of Plaquemines Parish of a certain contract between relator and N. A. Baker & Son, with appearance by Wisner Estates, Incorporated, in response to the rule.

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Appeal from Twenty-Ninth Judicial District Court, Parish of Plaquemines; R. Em-met Hingle, Judge. Mandamus by the State, on the relation of the Board of Commissioners of Buras Levee' District to compel the erasure from the records by the clerk and ex officio recorder of Plaquemines Parish of a certain contract between relator and N. A. Baker & Son, with appearance by Wisner Estates, Incorporated, in response to the rule. Judgment for plaintiff making the writ of mandamus peremptory and rejecting the reconventional demand of defendant Wisner Estates, Incorporated, and that defendant appeals.

1Opinion of the CourtDawkins, J.

This is a proceeding by mandamus to compel the erasure from the records by the clerk and ex officio recorder of Plaquemines parish of a certain contract between the plaintiff and the defendant N. A. Baker & Son which it is claimed operates as un incumbrance upon certain real property. The clerk, N. A. Baker & Son, the original party to the contract with plaintiff, and the Wisner Estates, Incorporated, to whom Baker & Son had transferred their rights, were all made parties defendant in the rule.

Defendant Wisner Estates, Incorporated, appeared in response to the rule, and first *415excepted to the…

2Cases cited2 opinions

  1. State ex rel. Busha's Heirs v. Register of ConveyancesSupreme Court of Louisiana · 1904
  2. Lanaux v. Recorder of MortgagesSupreme Court of Louisiana · 1884

3Cited by8 opinions

  1. Waterman v. Tidewater Associated Oil Co.Supreme Court of Louisiana · 1947
  2. Leatherman v. SchwabSupreme Court of Florida · 1929
  3. State Ex Rel. Violet Trapping Co. v. GraceSupreme Court of Louisiana · 1935
  4. State v. Sinclair Refining Co.Louisiana Court of Appeal · 1946
  5. State Ex Rel. Hymel's Heirs v. Johness, Inc.Supreme Court of Louisiana · 1940

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