Boone v. Carroll
Supreme Court of Louisiana
APPEAL from the Tenth District Court, Parish of Red River. Logan, J. The plea of discussion is a dilatory plea. State vs. Bradley, Administrator, l An. 643 ; Dwight vs. Linton, 3 Bob. 57. It cannot be allowed after issue joined by default.
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APPEAL from the Tenth District Court, Parish of Red River. Logan, J. The plea of discussion is a dilatory plea. State vs. Bradley, Administrator, l An. 643 ; Dwight vs. Linton, 3 Bob. 57. It cannot be allowed after issue joined by default. C, P. 333. In relation to improper pleas in the defendant’s answer, the better practice is to object on the trial to any testimony to support such pleas. 21 An. 272; 20 An. 194; 3 Bob. 365. The plea of discussion should be overruled where there is no actual tender of any specific sum to meet the expenses of discussion. C. C. 3403, 3047; Bobeckot vs. Folse,…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The plaintiffs bring this hypothecary action against the defendant as third possessor of property acquired by him from J. H. Scheen, to subject the same to the payment of a judgment against Scheen, inscribed as a judicial mortgage against the property prior to its transfer to defendant.
C. Chaffe, as syndic of Lisso & Scheen, intervenes, as holder of the note of defendant given for the price of the property to J. H. Scheen, and secured by special mortgage and vendor’s lien, asserting preference and priority over the judicial mortgage of…
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