Clapham v. Clayton
Citations
- 118 La. 419
- 43 So. 36
- 1907 La. LEXIS 734
Syllabus
<p>1. Vendor and Purchaser — Remedies of Purchaser — Failure to Give Possession.</p> <p>Neither in a petitory action nor in action of boundary can the plaintiff call his vendor in warranty. Foote v. Pharr, 38 South. 885, 115 La. 35, reaffirmed.</p> <p>2. Same — Action for Damages.</p> <p>Where a part of the land sold is in the adversé possession of the defendant in a petitory action, or action of boundary, the plaintiff cannot-call in his own vendor for the purpose of condemning the latter to deliver possession of the land in controversy; but the right of action of the vendee against his vendor in such a case is limited to a claim for damages.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Every court that has addressed the issue following TC Heartland . . . has found that there is no ‘pendent’ venue over a patent-infringement claim unless there is ‘original’ venue over a separate patent-infringement claim under § 1400(b).”
- “Every court that has addressed the issue following TC Heartland . . . has found that there is no ‘pendent’ venue over a patent-infringement claim unless there is ‘original’ venue over a separate patent-infringement claim under § 1400(b).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Land
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