Lyons v. Fry

Citations

• 112 La. 759
• 36 So. 674
• 1904 La. LEXIS 461

Syllabus

<p>EECONVENTION — TIME OE FILING — PARTIES.</p> <p>1. Plaintiff instituted suit to have canceled a mortgage and lien with which his property at the time was burdened. He owned one-half of the property in indivisión. Subsequently, having sold the property, he moved the court to discontinue his suit.</p> <p>Defendant, after plaintiff had sold his property, presented an answer setting up his defense, and at the same time reconvened.</p> <p>The reconvention was not filed in time to retain whatever right reconvenor had on the property.</p> <p>2. Plaintiff was, at most, a third possessor.</p> <p>3. Defendant, as petitioner in reconvention, sought to make other parties to the suit than plaintiff.</p> <p>There was nothing to prevent these third persons from buying- the property. They have received it cum onere. They would be bound to answer in a direct action to any legal demand, but they cannot be brought into a suit against a third person.</p> <p>4. The owners of the other half than that which was formerly owned by plaintiff are owners of the half in their own right, and, if their property (the one-half in question) is subject to any claim, it can be recovered against them, and not in this suit.</p> <p>(Syllabus by the Court.)</p>