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13 La. 262

Young v. Walker

Supreme Court of Louisiana

Decided April 15, 1839

Supreme Court of Louisiana · decided 1839-04-15

APPEAL PROM TÍIE COURT OP THE FIRST JUDICIAL DISTRICT, JUDGE WATTS PRESIDING. This is an action to recover a raft of timber, which the plaintiff alleges the defendant took forcible possession of in the state of Arkansas, and brought to the city of Lafayette for sale. He alleges that he is the true owner, and prays judgment that it be decreed to belong to him, and in the mean time that it be sequestered.

Cited by 1 later decisions — most recently December 1923

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1839-04-15

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Martin, X,

¶1delivered the opinion of the court.

¶2In this case, which originated in the Parish Court of Jefferson, the plaintiff seeks to recover a raft of timber, alleged to have been forcibly taken from him in the state of Arkansas, by the defendants, who brought it down to the town of Lafayette.

¶3The defendant, Walker, filed a separate answer, denying all the facts alleged, and averring that he was the legal owner of the raft; he claimed damages in reconvention. The other defendants disclaimed any right to the raft. There was judgment for the plaintiff, and the defendant, Walker, appealed to the court of the first district, after an unsuccessful attempt to obtain a new. trial.

¶4The District Court affirmed the judgment of the Parish Court, and the defendant took the second appeal. The case . 11 presents no question except that which relates to the ownership of the raft, and turns upon mere matters of fact. The *264appellant had the benefit of the testimony of his co-defendants, notwithstanding the opposition and bill of exceptions which the plaintiff took to the admission of that testimony. The evidence is multifarious, and somewhat contradictory ; and we have risen from a close examination of it with the impression, that the district judge correctly concluded, that ^e judgment of the Parish Court should be sustained.

¶5It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.

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