Legal Opinion

Mossey v. Mead

Supreme Court of Louisiana

Decided July 15, 1832PublishedCited by 5 opinions

APPEAL PROM THE PARISH COURT OF NEW-ORLEANS. This was an action by the lessor, to recover from the defendant the possession of a house, which the latter held as sub-lessee under Hudson. From the evidence it appeared, that the plaintiff had leased the house to Hudson, for one year from the first of January, 1827, with an agreement that, if Hudson required it, he should have the privilege of remaining seven years longer at the same rent.

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APPEAL PROM THE PARISH COURT OF NEW-ORLEANS. This was an action by the lessor, to recover from the defendant the possession of a house, which the latter held as sub-lessee under Hudson. From the evidence it appeared, that the plaintiff had leased the house to Hudson, for one year from the first of January, 1827, with an agreement that, if Hudson required it, he should have the privilege of remaining seven years longer at the same rent. This lease was assigned by Hudson to the defendant, who held under it until the seventh January, 1831, when he was notified by the plaintiff to quit. There was…

1Opinion of the CourtMartin, J.

The plaintiff demands the possession of a house of his, occupied by the defendant, who has been notified, according to law, to leave it; but retains it in spite of the plaintiff: the value of the rent is also claimed in damages.

The defendant avers the plaintiff leased the house to Hudson, for one year, from January 1, 1827, and by a clause of the lease had the faculty, if he required it, of retaining it on the same terms, during seven years from the above date. That the defendant received an assignment pf the lease from Hudson, and holds the house under it.

The plaintiff had judgement, and'the…

2Cited by5 opinions

  1. Le Blanc v. BarielleLouisiana Court of Appeal · 1946
  2. Dyer v. WilsonLouisiana Court of Appeal · 1939
  3. Standard Oil Co. of New Jersey v. EdwardsLouisiana Court of Appeal · 1947
  4. Cappiello v. HingleSupreme Court of Louisiana · 1930
  5. Heritage Square Investments v. TrouardLouisiana Court of Appeal · 1981

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