lien privilege in Louisiana

1946App., 163 So. 198 ; Youree, et al. v. Limerick, 157 La. 39 , 101 So. 864 , 37 A.L.R. 394 ; Comegys v. Shreveport Kandy Kitchen, 162 La. 103 , 110 So. 104 , 52 A.L.R. 931 . [5] Appellant advances the contention that even though it be conceded that the chattel mortgage is primed by the lessor's lien and privilege that arose under the first lease, since the seized property, other than the truck, brought a price in excess of the amount due plaintiff under the first lease, payment should be imputed to this indebtedness.

1946App., 163 So. 198 ; Youree, et al. v. Limerick, 157 La. 39 , 101 So. 864 , 37 A.L.R. 394 ; Comegys v. Shreveport Kandy Kitchen, 162 La. 103 , 110 So. 104 , 52 A.L.R. 931 . [5] Appellant advances the contention that even though it be conceded that the chattel mortgage is primed by the lessor's lien and privilege that arose under the first lease, since the seized property, other than the truck, brought a price in excess of the amount due plaintiff under the first lease, payment should be imputed to this indebtedness.

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1933Counsel for the appellees correctly say in their brief that: "Section five is a declaration of the powers of the court granted under the articles of the Constitution. * * * The act does not propose to and does not create a lien and privilege to secure the payment of the certificates. * * * It is the court in the exercise of its power under the Constitution which creates the lien, a well recognized power and authority and necessarily inherent in the court, in managing the business of the corporation in the exercise of its equity powers. * * * That it was not the intention of the Legislature to

1933In Borne v. Alexander Hardwood Company, 140 La. 315 , 72 So. 979 , it was held that, the privilege securing payment of receiver’s certificate primed the vendor’s lien and privilege on a part of the corporation assets.

1933Counsel for the appellees correctly say in their brief that: "Section five is a declaration of the powers of the court granted under the articles of the Constitution. * * * The act does not propose to and does not create a lien and privilege to secure the payment of the certificates. * * * It is the court in the exercise of its power under the Constitution which creates the lien, a well recognized power and authority and necessarily inherent in the court, in managing the business of the corporation in the exercise of its equity powers. * * * That it was not the intention of the Legislature to

1933In Borne v. Alexander Hardwood Company, 140 La. 315 , 72 So. 979 , it was held that, the privilege securing payment of receiver’s certificate primed the vendor’s lien and privilege on a part of the corporation assets.

2010Frances correctly argues there is no requirement that the healthcare provider intervene into an action to either assert its privilege or to receive its payment and that La.R.S. 9:4752 does not contain a prescriptive period, this court has long recognized that “a lien or privilege is only an accessory right to the claim or debt, providing security and payment by preference, it has. a life coextensive with that of the debt it is intended to secure, the result being that when the debt or claim is extinguished by prescription the privilege becomes extinct also.” Toomer v. City of Lake Charles, 392

1989A more recent case, Toomer v. City of Lake Charles, La., 392 So.2d 794 (La.App. 3 Cir.1980) writ denied 396 So.2d 931 (La. 1981), citing the trial court's reasons, held: The reinscription in each case did not preserve the claim itself from prescription, just as in the City of Shreveport case the filing of suit, although causing an interruption of prescription on the claim, did not supply the want of reinscription and operate to preserve the lien and privilege as to third persons.

2010Frances correctly argues there is no requirement that the healthcare provider intervene into an action to either assert its privilege or to receive its payment and that La.R.S. 9:4752 does not contain a prescriptive period, this court has long recognized that “a lien or privilege is only an accessory right to the claim or debt, providing security and payment by preference, it has. a life coextensive with that of the debt it is intended to secure, the result being that when the debt or claim is extinguished by prescription the privilege becomes extinct also.” Toomer v. City of Lake Charles, 392

1989A more recent case, Toomer v. City of Lake Charles, La., 392 So.2d 794 (La.App. 3 Cir.1980) writ denied 396 So.2d 931 (La. 1981), citing the trial court's reasons, held: The reinscription in each case did not preserve the claim itself from prescription, just as in the City of Shreveport case the filing of suit, although causing an interruption of prescription on the claim, did not supply the want of reinscription and operate to preserve the lien and privilege as to third persons.

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1972Globe Automatic Sprinkler Co. v. Bell, 183 La. 937 , 165 So. 150 (1936); Caldwell v. Laurel Grove Co., 175 La. 928 , 144 So. 718 (1932); Cristina Inv.

1972Globe Automatic Sprinkler Co. v. Bell, 183 La. 937 , 165 So. 150 (1936); Caldwell v. Laurel Grove Co., 175 La. 928 , 144 So. 718 (1932); Cristina Inv.

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1961For example, a lease affecting the whole property where the lessor was the owner of but an undivided interest was held valid under Article 2682, Spence v. Lucas, 138 La. 763 , 70 So. 796 ; the lessor’s lien and privilege to secure rentals was recognized under Articles 3218 and 3219, Logan v. State Gravel Co., 158 La. 105 , 103 So. 526 ; cancellation of gas lease for nonpayment of rent when due was ordered under Articles 2046, 2047, 2710, 2712 and 2729, Louisiana Oil Refining Corp. v. Cozart, 163 La. 90 , 111 So. 610 ; the prescription of three years against a claim for arrearage of rent in the

1941In Porter v. Town of Ville Platte, 158 La. 342 , 104 So. 67 , 69, a mechanic's lien and privilege was sought to be enforced against a water-work system owned and operated by the municipality which the court refused to recognize, holding that the plaintiff was entitled to judgment in personam.

1941In Porter v. Town of Ville Platte, 158 La. 342 , 104 So. 67 , 69, a mechanic's lien and privilege was sought to be enforced against a water-work system owned and operated by the municipality which the court refused to recognize, holding that the plaintiff was entitled to judgment in personam.

1986We resolve the issue as did the federal courts in Continental Casualty Co. v. Associated Pipe and Supply Co., 310 F.Supp. 1207 (E.D.La.1969), aff'd 447 F.2d 1041 (5th Cir.1971) and in Beacon Gasoline Co. v. Sun Oil Co., 455 F.Supp. 506 (W.D.La. 1978), and as did the Third Circuit Court of Appeal in I.E.

1979Thus, we are asked to decide if a lien or privilege created by LSA-R.S. 9:4861, et seq., requires recordation within a limited time period or, at least, prior to two years and three months after the work was performed. *894 Appellant contends that LSA-R.S. 9:4862 on its face does not require the lien to be recorded within 90 days of completion in order to be effective and cites Continental Casualty Co. v. Associated Pipe & Supply Co., 310 F.Supp. 1207 (D.C.La.1969), which observed: "The clear implication is that if you chose not to record you will lose that special ranking of your privilege bu

1985Burn Planting Company, Inc. v. Goldman Landing Company, Inc., 163 La. 720 , 112 So. 662 (1927).

1982In the Burn Planting Company, Inc. case, supra, 112 So. at page 663 , Justice O’Neill, as the organ of the court, stated: “It is well settled that a lien, or ‘privilege,’ as it is called in Louisiana, cannot be allowed unless it is expressly and unequivocally granted by statute; and the rule that liens or privileges are held stric-ti juris is particularly applicable when a creditor claims a lien or privilege on property belonging to one who is not the debtor, or liable for the debt.” The Supreme Court further quoted with approval language contained in the case of Merrick, Race & Foster v. LaHa

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1949In interpreting this, provision this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that “the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties, claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor’s lien and privilege on the property conveyed and reconveyed.” To the same effect are the following cases: American Homestead Co. v. Karstendiek, 111 La. 884 , 35 So. 964 ; Holloman v. Alexandria & Pineville Building &

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1949In interpreting this, provision this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that “the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties, claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor’s lien and privilege on the property conveyed and reconveyed.” To the same effect are the following cases: American Homestead Co. v. Karstendiek, 111 La. 884 , 35 So. 964 ; Holloman v. Alexandria & Pineville Building &

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1949In interpreting this, provision this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that “the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties, claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor’s lien and privilege on the property conveyed and reconveyed.” To the same effect are the following cases: American Homestead Co. v. Karstendiek, 111 La. 884 , 35 So. 964 ; Holloman v. Alexandria & Pineville Building &

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1983In Hausler , the Louisiana Supreme Court stated: "The association's contention that the transaction whereby it purchased this property from Nuccio and resold it to the plaintiff was not a sale of the property, but, instead, a loan, is untenable.... this court, in the case of Mayre v. Pierson, 171 La. 1077 , 133 So. 163, 165 , declared that `the sale and resale to and from a building and loan association quoad the parties to the transaction, or to parties claiming under them, must be considered and dealt with as a sale and not as a loan, so as to preserve in favor of the association a vendor's

1972Globe Automatic Sprinkler Co. v. Bell, 183 La. 937 , 165 So. 150 (1936); Caldwell v. Laurel Grove Co., 175 La. 928 , 144 So. 718 (1932); Cristina Inv.

1972Globe Automatic Sprinkler Co. v. Bell, 183 La. 937 , 165 So. 150 (1936); Caldwell v. Laurel Grove Co., 175 La. 928 , 144 So. 718 (1932); Cristina Inv.

1961Texas Co. v. State Mineral Board, 216 La. 742 , 44 So.2d 841 .

1961Texas Co. v. State Mineral Board, 216 La. 742 , 44 So.2d 841 .

1953In the case of In re Pleasant Hill Lumber Co., 126 La. 743, 764 , 52 So. 1010, 1017 , the Supreme Court said: The term “log” is limited to its meaning.

1953In the case of In re Pleasant Hill Lumber Co., 126 La. 743, 764 , 52 So. 1010, 1017 , the Supreme Court said: The term “log” is limited to its meaning.

1940Boudreaux v. Moon Oil Company, Inc., La.App., 158 So. 672 ; Blankenship v. Stovall et al., La.App., 159 So. 477 .

1940Blankenship v. Stovall et al., La.App., 159 So. 477 ; Boudreaux v. Moon Oil Co., Inc., La.App., 158 So. 672, 673 .

1940Boudreaux v. Moon Oil Company, Inc., La.App., 158 So. 672 ; Blankenship v. Stovall et al., La.App., 159 So. 477 .

1940Blankenship v. Stovall et al., La.App., 159 So. 477 ; Boudreaux v. Moon Oil Co., Inc., La.App., 158 So. 672, 673 .