National Acceptance Co. of America v. Wallace

Supreme Court of Louisiana

National Acceptance Co. of America v. Wallace

196 So. 2d 533, 250 La. 467, 1967 La. LEXIS 2713

CourtSupreme Court of Louisiana

DecidedMarch 29, 1967

DocketNo. 48620

StatusPublished

Cited by5 cases

This text of 196 So. 2d 533 (National Acceptance Co. of America v. Wallace) 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

National Acceptance Co. of America v. Wallace, 196 So. 2d 533, 250 La. 467, 1967 La. LEXIS 2713 (La. 1967).

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Opinion

In re: Erwin A. Huss applying for writ of review to the Court of Appeal, Second Circuit, Parish of Caddo. 194 So.2d 194. Writ refused. The result is correct.

SANDERS, J.,

is of the opinion a writ should be granted. This case involves an innocent third party purchasing property in reliance upon a judgment of a court of competent jurisdiction cancelling a mortgage in a proceeding in which the named mortgagee filed an appearance. The Court of Appeal decision conflicts with the jurisprudence of this Court. See Delavigne v. Gaiennie, 11 Rob. 171; Guesnon v. His Creditors, 7 Rob. 382; Lesassier v. Dashiell, 17 La. 194; and Adams v. Preston, 22 How. 473, 490, 63 U.S. 473, 490, 16 L.Ed. 273, 278. See also 2 Planiol, Civil Law Treatise, (Translation by Louisiana State Law Institute) Nos. 3069-3072.

Cases reaching a result contrary to those cited are of two classes: (1) cases of fraudulent record cancellations, not involving reliance on a court judgment. See, e. g., Zimmer v. Fryer, 190 La. 814, 183 So. 166. (2) cases in which a judgment of cancellation was rendered by a court held to lack jurisdiction. See Horton v. Cutler, 28 La.Ann. 331 (on rehearing).

The applicant is entitled to a writ as a matter of right to reconcile the jurisprudence, but Justice Sanders expresses no opinion at this time as to how the conflict in the jurisprudence should be resolved.

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In re: Erwin A. Huss applying for writ of review to the Court of Appeal, Second Circuit, Parish of Caddo. 194 So.2d 194. Writ refused. The result is correct.

SANDERS, J.,

is of the opinion a writ should be granted. This case involves an innocent third party purchasing property in reliance upon a judgment of a court of competent jurisdiction cancelling a mortgage in a proceeding in which the named mortgagee filed an appearance. The Court of Appeal decision conflicts with the jurisprudence of this Court. See Delavigne v. Gaiennie, 11 Rob. 171; Guesnon v. His Creditors, 7 Rob. 382; Lesassier v. Dashiell, 17 La. 194; and Adams v. Preston, 22 How. 473, 490, 63 U.S. 473, 490, 16 L.Ed. 273, 278. See also 2 Planiol, Civil Law Treatise, (Translation by Louisiana State Law Institute) Nos. 3069-3072.

Cases reaching a result contrary to those cited are of two classes: (1) cases of fraudulent record cancellations, not involving reliance on a court judgment. See, e. g., Zimmer v. Fryer, 190 La. 814, 183 So. 166. (2) cases in which a judgment of cancellation was rendered by a court held to lack jurisdiction. See Horton v. Cutler, 28 La.Ann. 331 (on rehearing).

The applicant is entitled to a writ as a matter of right to reconcile the jurisprudence, but Justice Sanders expresses no opinion at this time as to how the conflict in the jurisprudence should be resolved.

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Bluebook (online)

196 So. 2d 533, 250 La. 467, 1967 La. LEXIS 2713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-acceptance-co-of-america-v-wallace-la-1967.

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