Newman v. Cannon
Supreme Court of Louisiana
APPEAL from the Twelfth District Court, Parish of Avoyelles. Coco, J. 1. Sales of property perfected in other States do not carry the vendor’s privilege when sued upon in Louisiana unless such privilege be affirmatively proved to be accorded by the laws of such States. 41 An. 1048. 2. Privileges are strioti juris, and, as against third persons, must be clearly and conclusively established.
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APPEAL from the Twelfth District Court, Parish of Avoyelles. Coco, J. 1. Sales of property perfected in other States do not carry the vendor’s privilege when sued upon in Louisiana unless such privilege be affirmatively proved to be accorded by the laws of such States. 41 An. 1048. 2. Privileges are strioti juris, and, as against third persons, must be clearly and conclusively established. They can be claimed only for those debts for which they were expressly‘granted in the Code, and they are not to bo extended from one case to another. R. C. 0., Arts. 3183, 3185; 13 Án. 52; (i An. 113, 376;…
1Opinion of the Court
*714The opinion of the court was delivered by
Fenner, J.
The case presents a conflict between plaintiffs, who are attaching creditors, and certain creditors who claim the vendor’s privilege.
D. Blum was a merchant carrying a general stock of merchandise, the whole of which was attached by EL & O. Newman. .Thereupon, numerous other creditors, who claimed privilege as vendors on particular portions of stock, sued Blum and issued writs of sequestration under which they seized the goods on which they respectively claimed the privilege, which goods were already in the hands of the sheriff under Newman’s…
2Cited by7 opinions
- Monticello v. DelavisioLouisiana Court of Appeal · 1939
- In re Wright & WeissingerDistrict Court, N.D. Mississippi · 1921
- Superior Laundry & Cleaners, Inc. v. American Laundry MacHinery Co.Mississippi Supreme Court · 1934
- Bender v. Davis Cash Store, Inc.Louisiana Court of Appeal · 1935
- Phillips v. ConleyLouisiana Court of Appeal · 1950
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