Legal Opinion

Marks v. Landry

Supreme Court of Louisiana

Decided February 15, 1845PublishedCited by 3 opinions

Appeal from the District Court of Ascensión., Nicholls, J.* cited Domat, lib. II., tit. 7, sect. 1, § 8. Civil Code, art. 2427. Code Nap. 1599. Barfield v. Hewlett, 4 La., 118. Perryman v. Demaret, 11 La., 347. Russell v. Favier et al, 18 La., 584.

1Opinion of the CourtMorphy, J.

The petitioner claims of the defendant a raft of timber, his property, or its value, which he lays at #546. The defence is, that the defendant purchased the raft from one John Warden, who was in possession of it; that if the plaintiff be the owner of the raft, as he alleges, he is bound by the act of Warden, who was his agent, and cannot recover without reimbursing to the defendant what he paid for it. Five juries have decided this case in favor of the defendant, and their verdicts have been invariably set aside by the distriot judges, who presided at the trials, The plaintiff, despairing of…

2Cases cited3 opinions

  1. Barfield v. HewlettSupreme Court of Louisiana · 1832
  2. Perryman v. DemaretSupreme Court of Louisiana · 1837
  3. Goesden v. MorrisonSupreme Court of Louisiana · 1841

3Cited by3 opinions

  1. Freeport Tampico Fuel Oil Corporation v. LangeSupreme Court of Louisiana · 1924
  2. Stockton v. CraddickSupreme Court of Louisiana · 1849
  3. Allen v. HartSupreme Court of Louisiana · 1845

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