Legal Opinion

Delogny v. Dixon

Supreme Court of Louisiana

Decided April 15, 1833PublishedCited by 2 opinions

Eastern Dis. APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was a petitory action to recover two lots of ground, situated in faubourg La Course, in the Parish of New-Orleans, alleged to be in the defendant’s possession. He pleaded the general denial, and that he was not in possession of the lots. No evidence that he was in possession was adduced on the trial. Judgment was rendered for the defendant, from which the plaintiff appealed.

1Opinion of the CourtMartin, J.

The plaintiffs having during the life of Smith, recovered from him an undivided half of certain lots of ground, by a final judgment which refuses to them the faculty of enforcing their claim to the other half, demanded by the present suit from his curator, the surrender of this remaining half.

tíon carino? “bó tif pleadings1® defendant in actual possession of tfae^ property

Tbe defendant pleaded the general issue, and especially denied his possession or detention of the premises, or any part of them with his knowledge, of their having belonged to Smith, except so far as appeared from the…

2Cited by2 opinions

  1. Barnes v. GainesSupreme Court of Louisiana · 1843
  2. Pinnell v. ScriberSupreme Court of Louisiana · 1841

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