Lee v. Kendall

Supreme Court of Louisiana

Lee v. Kendall

1 Mann. Unrep. Cas. 19

CourtSupreme Court of Louisiana

DecidedJuly 1, 1880

DocketNo. 6470

StatusPublished

This text of 1 Mann. Unrep. Cas. 19 (Lee v. Kendall) 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

Lee v. Kendall, 1 Mann. Unrep. Cas. 19 (La. 1880).

Pincite

Opinions

Egan, J.

By Art. 3274 C. C. such privilege (that for materials furnished) confers no preference over creditors who have acquired a mortgage, unless the act or the evidence of debt is recorded on the day that the contract is entered into. If that is not done it takes effect only from the date of registry. In this case that was subsequent to the registry of the plaintiff’s mortgage to which therefore the privilege, not having been recorded the day it was acquired, must yield.

Decreed accordingly.

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Egan, J.

By Art. 3274 C. C. such privilege (that for materials furnished) confers no preference over creditors who have acquired a mortgage, unless the act or the evidence of debt is recorded on the day that the contract is entered into. If that is not done it takes effect only from the date of registry. In this case that was subsequent to the registry of the plaintiff’s mortgage to which therefore the privilege, not having been recorded the day it was acquired, must yield.

Decreed accordingly.

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Bluebook (online)

1 Mann. Unrep. Cas. 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-kendall-la-1880.