The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-02-14
NEW RLEANS:
WEDNESDAY MORNING, FEBRUARY a. 1e4o.
Supreme Count Of louisiana.
Condensed Decisions. New ORLEANS, Feb 49, 1s4e

Oohoenseo Decislons NEW ORLEANS, Feb IL, lo4S
In action for Islander of title the defendant cannot unde
our laws, be decreed under the penalty of perpetua
silence to institute suit within any specified time shor
of prescription.
SAMUEL PACKwooD rs. GREENBURY DORSEY. 7ppea
from the Fifth District Court of .NeD Orleans No 81
in the Supreme Court. EUsTIs G. j.. Per euriam
The Plaintiff alleging himself to be the owner and in pos
session OF valuable plantation in the Parish of Plaque
Mines with the slaves thereunto beon gng complains tina
Greenbury Dorsey has sandeed his title by giving
divers that he had interest in said
slaves, or that he had right 10 portion part
thereof Ii alleged that Dorsey had right title or intel
est in any portion of the plant alton slaves and that
declarations thus made by said Dorsey made macousy
and for the of disturbing the petitioners right
property and preventing his disposing Of the same;
damages, alleged to have been suffered By the acts Of the
defendant and that the defendant be decred produce his
plantation and slaves and e
& and IN default thereof that he be for
thereon and that the plaintiff be decreed to be The .oIe
raj Eslef ri: petition lied The ait6 Feb is4s
p Ia be bad .andsfed the pfaipt "sae title but
. a @ BIZ
capacity that Of his minor children and that
@ Of his IL pi"
be hence dismissed !, and .n so GI gsRe,s relief
Hsh Tas and eS
1' aS S. i to- It,
pm, s,d @ cleared up gave judgement for the
within month from the date Of the Judgement to inst
be s ss hs 81" stated in bis or in default thereof that
perty, and that the defendant pay costs.
Of suit Dorsey filed his bill in Clancy against Pack
wood in the Circuit Court of the United States for this Dis
III s in f ba
g. n1Iey night q actI3n becomes therefore necessary to
OF jactston Or SANDER of title Actions of this have
tho ts ss laws te the .aas Of
~ ny IN quoting titles and preventing the disturbance
% ss a hf hs
the O e s S s
forth his title or institute his suit under the penalty of being
having tired and decided the issue Of by sO d
PENDANTS I is to this part Of the judgement of the District
directed. from The forms contained in the sPsn
@ ny the Of
within WHICH person setting htlc to property in the
was final in all cases whether there any afforded
counsel 1t appears that these judgements rested for the
ne IF The no .nn nor any
law Of the Code of Jusnian. known the law dfamir
born free could be compelled to exhibit his proofs and make
them good in court ousiice and in default thereof be
dignity law attached to the Condition Of Romans
G0 IT'S w s
purpose and policy of this sautary provision 1t in de
esatur. and enacted in the Interest OF public Or
der and for the maintenance of public among the diff
given recTpt the Emperor 6ocIesi. a' to tutor Il.
the the G re- bis sn
an account Merlin that tbs greater portion Of the
c creditor Of smother AND sha. pi's
be admitted howeye he adds thai learned unseonsuits
s an Of & s
In the text OF the Spanish law the the law DIFF
have been beyond cases in which the character Of
the person the status condi ion of the party assaed
another unless certain the Judge
40 waf's m
o. other persons II these and other like cases he who
bring what 20 Or s es or ia
such ,spaIaton Is he Judge shall deem tPsnids s. IT,
law TO disturbances Of titles to property BY SANDER
f s
% the Spanish practice was The repeal IF
question At the same time that we are at liberty to adopt
any as in fnsIsnSs Of the object of hs action and
OF Courts OF the civil law has proved to be
upon Cours and which in direct conflict with
principles we Ge1sider elementary.
be brought The power which is assumed in the decree
o% o f e term Of month within Which
losing his right of action direct conflict with the law of
We do find that this practice of deprving the party of
his night OF acton in default of bringing suit, which the
which the civil law prevails
Merlin, himself. puts the question whether the defame
Of having instituted his within the fixed
rs wasns
and Voet contend that he provided his demand res
the time Of being conde%ned Of the Existence Of cerian
RIO0 and facts mats; T. the Justice Of claims
founded practice peculiar 70 Courts in Germany, and
Which aS
M in big "a, e hs sI sgs
slender and himself willing institute his suit dnpieE
saJon,cas ca eoneed, sofet snspGna perpetu
Sstsnn -lNole-Ho die simpler VOL 8, p l65-edits
voet states that one cat on is not sufficient to authorize
The decree OF perpe ual silence Two least and
times three or four considered Necessary before the party
rs c9ndemned on his default-Poat ad Pandectas, lib
These discrepancies IL the application of this extraordinary
practice which prevail in different countries but tbsr
S 4e e OF oS m concluding party
rghs can be exercised and a dspositiOn avoid such
in which decree of this kind has been rendered against
Il to that impossible to carry out the law
dttamari its enon to all cases maintained by the
Spanish writers and that the safest rule is 10 adhere
In action for the SANDER Of title property no
defendant to institute his suit in order TO establish his
ed pIetenso1s to the properly WHICH he may set mp This
the DEF ndsn But know Of autherv on the part Of
R @ sn pen "a beas
pved Of them There are cases in which we have allowed
consider that those affect quesi decided this
The action for damages to which who Injuries
continue to be as has been sufficient protection for
against ISLANDERS of title No damages have been given
by the judgment in this and asked in this
Court.
We have been referred By counsel to the proceedings in
Courts of Chancery bills of peace but find nothing
them which supports the part of the decree to which
enquiries have been directed.
The Judgment Of the District Court far as it condemns
the defendant within month from date institute his suit
against the plaintiff in default thereof be forever
Joined from making preenon to said property, We
think unauthorized by law.
The Judgment of the District Court is therefore avoided
and reversed and il ordered that be rendered for
the plaintiff against the defendant and that the defendant
institute the suit by him mentioned in his and
appeal |
A. &: w D. Hennen, for plaintiff and appellee C. Ro
seius, for defendant and appellant
nder the Lien Law Of 1884, where contractor entitled
under the contract tn nstalmen when the pasterng
OF me house is completed, and the owner pays such
lnsalmen' before said work is done and the contractor
then fails to with the building which is completed
~ the owner for account Of the delinquent contractor