Legal Opinion

Fellman v. Kay

Supreme Court of Louisiana

Decided June 30, 1920No. 22613PublishedCited by 13 opinions

Appeal from Civil District Court, Parish of Orleans; Porter Parker, Judge. Suit by Mrs. B. Pellman against R. Kay and others. From the decision dismissing a rule taken by the Interstate Land Company against plaintiff to procure a judgment canceling an inscription in the conveyance office of a tax deed under which plaintiff claims, defendants and plaintiff in rule appeal.

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Appeal from Civil District Court, Parish of Orleans; Porter Parker, Judge. Suit by Mrs. B. Pellman against R. Kay and others. From the decision dismissing a rule taken by the Interstate Land Company against plaintiff to procure a judgment canceling an inscription in the conveyance office of a tax deed under which plaintiff claims, defendants and plaintiff in rule appeal. In this cause, his honor, the Chief Justice, and his honor, Mr. Justice SOMMERVÍLLE, having recused themselves, and the court having invited Judge H. C. CAGE, Judge of the Civil District Court for the parish of Orleans, and…

1Opinion of the Court

Opinion.

We are first confronted with the exception of the. defendant in rule to the summary proceeding by rule; but, the entire case being before us, the views we hold, on the merits render it unnecessary for us to pass upon the important questions of practice raised thereby.

The solution of the contentions in this case involves a construction of the judgment rendered. by Mr. Justice Sommerville (then sitting as district judge) in suit of Reliman v. Kay.

That suit was brought under the provisions *961of article 233 of the Constitution of 1898, and of Act No. 101 of 1898, passed to carry out the…

2Cases cited1 opinion

  1. Ashley Co. v. BradfordSupreme Court of Louisiana · 1902

3Cited by13 opinions

  1. Smitko v. Gulf South Shrimp, Inc.Supreme Court of Louisiana · 2012
  2. Fellman's Heirs v. Interstate Land Co.Supreme Court of Louisiana · 1927
  3. Stone v. Kimball's HeirsSupreme Court of Louisiana · 1942
  4. Warner v. GarrettLouisiana Court of Appeal · 1972
  5. Regina Lumber Co. v. PerkinsSupreme Court of Louisiana · 1932

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