State ex rel. Jennings-Heywood Oil Syndicate v. De Baillon

Citations

• 113 La. 572
• 37 So. 481
• 1904 La. LEXIS 677

Syllabus

<p>APPEAL — PROCEDURE — JUDICIAL SEQUESTEAj TION —LESSEE IN POSSESSION — POSSESSORVbig ACTION — SUSPENSIVE APPEAL — MANDAMUS.</p> <p>1. While the effect of appeal is to cause the case to pass out of the trial court and into the appellate court, yet the trial court may in certain cases order the judicial sequestration of the property in controversy after the appeal has been perfected.</p> <p>2. The lessee in possession by a lease duly recorded has the same right to maintain his possession as against his lessor, or as against any one claiming by virtue of a transfer of the property made by the lessor subsequently to the registry of the lease, as he has against any other person.</p> <p>3. In the present case the transferee_ of the lessor brought a possessory action against the lessee, coupling the suit with an injunction to prevent the lessee from trespassing upon or interfering with the property. The suit was dismissed, and the injunction dissolved after trial, and the plaintiff obtained and perfected a suspensive appeal. Thereafter the plaintiff drilled an oil well upon the property and “brought in” an oil gusher, and was proceeding to appropriate the oil, when the court ex officio ordered its sequestration. Held, the court had authority to make the order notwithstanding the appeal.</p> <p>4. The trial court having subsequently dissolved the sequestration as having been granted coram non judice, a suspensive appeal was asked from the dissolving order and -refused, and an application was made to this court for a mandamus to compel the granting of same. Held, that in considering this application this court will not pass upon the validity of the lease involved in the possessory suit; that to do so would be to decide that suit in advance of its being tried in this court.</p> <p>(Syllabus by the Court.)</p>