Legal Opinion

Fenn v. Rils

Supreme Court of Louisiana

Decided January 15, 1836PublishedCited by 20 opinions

APPEAL PROM TIIE COURT OP THE FOURTH JUDICIAL DISTRICT, THE JUDGE OP THE SECOND PRESIDING. This is an action of partition, in which the plaintiff claims ' the one undivided third part of a lot of ground in the possession of the defendant, who claims the entire lot under a sheriff’s sale. The facts and pleadings of the case, and evidence of the respective claims of the parties are fully stated in the opinion of the court.

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APPEAL PROM TIIE COURT OP THE FOURTH JUDICIAL DISTRICT, THE JUDGE OP THE SECOND PRESIDING. This is an action of partition, in which the plaintiff claims ' the one undivided third part of a lot of ground in the possession of the defendant, who claims the entire lot under a sheriff’s sale. The facts and pleadings of the case, and evidence of the respective claims of the parties are fully stated in the opinion of the court. The District Judge who tried the cause, was of opinion, grst gejzure 0f the i0t ja question being made by a creditor of the plaintiff’s vendor, before the act of sale from…

1Opinion of the CourtBullard, J.

* The plaintiff alleges that he is owner of one undivided third of a certain lot of ground in the village of Plaquemine, of which the other two thirds belong to J. B. Rils, the defendant, and he sues for a partition. The defendant denies the ownership of the plaintiff of any part of the lot in question, and sets up title to the whole as his exclusive property. The only question, therefore, presented by the pleadings, is whether the plaintiff has shown a better title to any part of the lot than the defendant.. The whole lot was formerly the property of J. P. Weatherly, who by act under private…

2Cited by20 opinions

  1. Wells v. BlackmanSupreme Court of Louisiana · 1908
  2. McDonald v. RichardSupreme Court of Louisiana · 1943
  3. St. Landry Oil & Gas Co. v. NealSupreme Court of Louisiana · 1928
  4. White v. HodgesSupreme Court of Louisiana · 1942
  5. Guice v. MasonSupreme Court of Louisiana · 1924

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