Harrison v. Ottman

Citations

• 111 La. 730
• 35 So. 844
• 1903 La. LEXIS 568

Syllabus

<p>REHEARING—APPLICATION—COURT OF APPEAL —WRIT OF REVIEW—MOTION TO DISMISS— BONA FIDE PURCHASER—UNRECORDED ACT— RES JUDICATA.</p> <p>1. The rule of the Supreme Court requires that an applicant shall file an application lor a rehearing in the Court of Appeal, which must he acted upon finally, before the applicant will he entitled to apply for a writ of certiorari or review.</p> <p>2. If the ruling of the Court of Appeal does not show that the rehearing was refused because the applicant had failed to insist upon his motion for a rehearing, this court will not assume that such is the fact. Primarily, a motion for rehearing having been filed and refused, there is no ground to dismiss applicant’s petition on this objection.</p> <p>On Further Consideration of Motion to Dismiss.</p> <p>3. Opposition to applicant’s petition was filed January 14, 1903, setting up, inter alia, failure to comply with rule 10th of the Court of Appeal.</p> <p>Rule nisi was issued on the 1st of February, 1903.</p> <p>On February 17, 1903, a motion was filed to dismiss or recall the writ of review, adding new averments regarding incompleteness of the application for the writ.</p> <p>The court passed upon the question of ordering the papers up when first opposition was considered, and ordered up the papers, and declined to reconsider.</p> <p>It is expected that all objection to form will be presented in first opposition to the granting of the rule nisi. Motion to dismiss is overruled.</p> <p>On the Merits.</p> <p>4. Where the act is unrecorded, the person who buys the property from the ostensible owner in possession under title will acquire a valid title, if he be an innocent third person.</p> <p>5. Proceedings in suit in which the title to property is involved will not hind a person not a party, who knew nothing of these proceedings.</p> <p>(Syllabus by the Court.)</p>