E. McIlhenny's Sons v. Lemoine

Louisiana Court of Appeal

E. McIlhenny's Sons v. Lemoine

2 La. App. 733, 1925 La. App. LEXIS 246

CourtLouisiana Court of Appeal

DecidedJune 6, 1925

DocketNo. 2187

StatusPublished

This text of 2 La. App. 733 (E. McIlhenny's Sons v. Lemoine) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E. McIlhenny's Sons v. Lemoine, 2 La. App. 733, 1925 La. App. LEXIS 246 (La. Ct. App. 1925).

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Opinion

CARVER, J.

This case is between the same parties as the case of E. McIlhenny’s Sons vs. W. F. Couvillon et al., No. 5499 bn the docket of the Fourteenth Judicial District Court of Louisiana, Parish of Avoyelles, this day decided, and involves the same facts, except that the tax sale in this case covered property assessed to Armand instead of O. E. Dupuis, described as follows:

“A certain tract or parcel of land situated and being in the Second Ward, Parish of Avoyelles, Louisiana, containing 39 acres, more or less, being E% of 72 from Mcllhenny.”

The district judge sustained an exception of no cause of action as was done in the other case.

For the reasons given at length in that case, it is now decreed that the judgment [734]*734•of.the district court be set aside, the plea of- no cause or right of action overruled, .the plea of prescription referred to the merits, and the case remanded to the lower court for further proceedings according to law.

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CARVER, J.

This case is between the same parties as the case of E. McIlhenny’s Sons vs. W. F. Couvillon et al., No. 5499 bn the docket of the Fourteenth Judicial District Court of Louisiana, Parish of Avoyelles, this day decided, and involves the same facts, except that the tax sale in this case covered property assessed to Armand instead of O. E. Dupuis, described as follows:

“A certain tract or parcel of land situated and being in the Second Ward, Parish of Avoyelles, Louisiana, containing 39 acres, more or less, being E% of 72 from Mcllhenny.”

The district judge sustained an exception of no cause of action as was done in the other case.

For the reasons given at length in that case, it is now decreed that the judgment [734]*734•of.the district court be set aside, the plea of- no cause or right of action overruled, .the plea of prescription referred to the merits, and the case remanded to the lower court for further proceedings according to law.

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Bluebook (online)

2 La. App. 733, 1925 La. App. LEXIS 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-mcilhennys-sons-v-lemoine-lactapp-1925.