Marfese v. Nelson

Citations

• 10 Teiss. 288
• 1913 La. App. LEXIS 90

Syllabus

<p>Syllabus..</p> <p>1. 'Under G. P., 287, the liability for costs of the landlord who seizes prior to the rent being due is incurred in the event only that the rent be subsequently paid promptly at its maturity.</p> <p>2. Where the transaction wherein one binds himself in solido is one in which his co-debtor alone is concerned, the latter is responsible for the whole debt to the former, who under such . circumstances is regarded merely as a surety with respect to his co-debtor. '' '</p> <p>3. A surety who discharges the debt of his principal becomes thereby subrogated to all creditor’s rights, privileges and preferences.</p> <p>4. A judgment is admissible as prima facie evidence of the existence of a debt, even in proceedings beween persons who were not parties thereto.</p> <p>5. A landlord’s acquisition ,of the mere right of occupancy of the premises for the unexpired term of the lease, does not extinguish the lease by confusion.</p> <p>6. The property of á third person s.eized upon the leased premises at the suit of the landlord cannot be applied to the payment of the rent, if the property of the lessee, which has likewise been seized,' is sufficient in value for that purpose.</p>