Shakspeare, Smith & Co. v. Ware
Supreme Court of Louisiana
APPEAL from the Twenty-third District Court, Parish of Iberville. Talbot, J. The joint ownership of real estate does not create a partnership between the owners A special contract in writing is necessary for that purpose.
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APPEAL from the Twenty-third District Court, Parish of Iberville. Talbot, J. The joint ownership of real estate does not create a partnership between the owners A special contract in writing is necessary for that purpose. C. (J. 2807; Benton vs. Roberts, 4 Ann. 216; 14 Ann. 11. So where the joint ownership is severed by sale duly recorded in conveyance book, every one is bound to take notice of same; and articles furnished the plantation after said sale, cannot he recovered of the party selling out before they were furnished. To preserve a privilege against a sugar house and one acre of land…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
The plaintiffs sue for a judgment against the defendants in the sum of $4,319.62, as a balance on machinery sold to defendants and put up in their sugar-house in the parish of Iberville, under a contract in writing and on an open or running account for machinery furnished outside of the contract but connected therewith; and they claim a privilege on the sugar-house and machinery therein, and on the one *572acre of land on which said sugar-house is situated; under the provisions of Article 3249 of the Civil Code.
The defense is of a two-fold nature.
B…
2Cited by8 opinions
- In re Receivership of Augusta Sugar Co.Supreme Court of Louisiana · 1913
- Swoop v. St. MartinSupreme Court of Louisiana · 1903
- Edenborn v. BlacksherSupreme Court of Louisiana · 1920
- Lassus v. ClarkeSupreme Court of Louisiana · 1914
- Welsh v. HumeLouisiana Court of Appeal · 1956
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