Foley v. Hagan

Supreme Court of Louisiana

Foley v. Hagan

23 La. Ann. 286

CourtSupreme Court of Louisiana

DecidedMarch 15, 1871

DocketNo. 2816

StatusPublished

This text of 23 La. Ann. 286 (Foley v. Hagan) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foley v. Hagan, 23 La. Ann. 286 (La. 1871).

Pincite

Opinion

Howell, J.

The plaintiff claims a privilege for making and repairing a levee, on the plantation of the defendant which was seized and sold under a mortgage in the suit of G-. W. Murrell v. Mrs. Hagan, and the amount claimed was ordered to be retained by the sheriff. The privilege was denied, and the plaintiff appealed.

He neither alleged nor proved that the work was adjudicated to him in accordance with existing laws and ordinances, but relies upon the registry of a private written agreement or contract with the proprietor. This registry, however, was not made in compliance with article 3240, C. C. of 1825, and by article 3241 the privilege was lost, admitting that, a privilege could so be acquired, under existing laws, to the prejudice-of Murrell’s mortgage created in 1860.

This view of the case renders it unnecessary to pass on the bill of exceptions and other points referred to in plaintiff’s brief.

Judgment affirmed.

Rehearing refused.

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Howell, J.

The plaintiff claims a privilege for making and repairing a levee, on the plantation of the defendant which was seized and sold under a mortgage in the suit of G-. W. Murrell v. Mrs. Hagan, and the amount claimed was ordered to be retained by the sheriff. The privilege was denied, and the plaintiff appealed.

He neither alleged nor proved that the work was adjudicated to him in accordance with existing laws and ordinances, but relies upon the registry of a private written agreement or contract with the proprietor. This registry, however, was not made in compliance with article 3240, C. C. of 1825, and by article 3241 the privilege was lost, admitting that, a privilege could so be acquired, under existing laws, to the prejudice-of Murrell’s mortgage created in 1860.

This view of the case renders it unnecessary to pass on the bill of exceptions and other points referred to in plaintiff’s brief.

Judgment affirmed.

Rehearing refused.

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Bluebook (online)

23 La. Ann. 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-hagan-la-1871.