Lahn v. Carr

Citations

• 120 La. 797
• 45 So. 707
• 1908 La. LEXIS 572

Syllabus

<p>1. Appeal — Rehearing—Extent.</p> <p>One of several opponents (appellees) having applied for a rehearing on his opposition, and the issue presented by such opposition being-susceptible of separate determination, it was correctly held by the Court of Appeal that the rehearing, granted by its predecessor, did not go beyond the prayer of the petition and reopen the whole case.</p> <p>2. Landlord and Tenant — Landlord’s Lien —'Vendor’s Privilege — Priorities— ‘Farming Utensil.”</p> <p>A steam engine, used in connection with a pump for irrigating, with a thresher for threshing, and possibly with plows and harrows for cultivating, a crop of rice, and not shown to have been used for any other purpose than the cultivation and harvesting of such crop, is a farming utensil, upon which the privilege of the vendor primes that of the lessor of the land: and this, whether the engine be acquired as part of the pump or the thresher, etc., or at another time and from another source.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, § 1006.</p> <p>For other definitions, see Words and Phrases, vol. 3, p. 2701.]</p> <p>(Syllabus by the Court.)</p>