recordation claim in Louisiana

13 Louisiana opinions name it 2 courts 1939–1990 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
Zeigler v. His Creditorsgreen · 1896 · cited in 1 Louisiana opinions naming this issue, 1969–1969 2 sentences 1969(See quotation immediately preceding.) There was no creditor with preferable claims “ * * * by reason of his privileges * * * ”, from whom these subcontractors could purchase with right of subrogation under Civil Code Article 2161 (1)- The majority rejects the French authorities such as Planiol and Aubry and Rau by stating in footnote that the court in Ziegler v. His Creditors (on rehearing), 49 La.Ann. 144, 187 , 21 So. 666, 684 (1897), found some variance in the French authorities on the question of legal subrogation. 1969(See quotation immediately preceding.) There was no creditor with preferable claims “ * * * by reason of his privileges * * * ”, from whom these subcontractors could purchase with right of subrogation under Civil Code Article 2161 (1)- The majority rejects the French authorities such as Planiol and Aubry and Rau by stating in footnote that the court in Ziegler v. His Creditors (on rehearing), 49 La.Ann. 144, 187 , 21 So. 666, 684 (1897), found some variance in the French authorities on the question of legal subrogation.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Lumber Products, Inc. v. Crochet green la · 1963 2 sentences 1975Such notice of filing suit shall preserve the privilege until the court in which the suit is filed shall order the cancellation of the said inscription of the said claim and the notice of the filing of suit on said claim or until the claimant authorizes the clerk of court or recorder of mortgages to cancel the said inscriptions. * * * "Any person furnishing service or material or performing any labor on the said building or other work to or for a contractor or sub-contractor, when a contract, oral or written has been entered into, but no contract has been timely recorded, shall have a personal 1975Such notice of filing suit shall preserve the privilege until the court in which the suit is filed shall order the cancellation of the said inscription of the said claim and the notice of the filing of suit on said claim or until the claimant authorizes the clerk of court or recorder of mortgages to cancel the said inscriptions. * * * "Any person furnishing service or material or performing any labor on the said building or other work to or for a contractor or sub-contractor, when a contract, oral or written has been entered into, but no contract has been timely recorded, shall have a personal	3	1965–1975
Scott v. Kemper Ins. Co. green la · 1979 1 sentence 1990As explained in Scott v. Kemper Insurance Company, 377 So.2d 66 (La.1979): Unlike the situation in Calk , where recordation of the contingency fee contract is irrelevant in a contest between an attorney and the client's creditor, imposition of an obligation upon the client's obligor in the suit to retain settlement funds until determination of the fee entitlement, is dependent upon the attorney's full compliance with R.S. 37:218, including the recordation of a contract as stipulated therein.	1	1990–1990
Calk v. Highland Const. & Mfg. green la · 1979 1 sentence 1990Calk v. *475 Highland Construction and Manufacturing, 376 So.2d 495 (La.1979). [1] However, the recordation requirement is applicable to the situation in the instant case, where the discharged attorney seeks to impose an obligation on the opposing parties in the main demand.	1	1990–1990
Authement's Ornamental Iron Works, Inc. v. Reisfeld green lactapp · 1980 1 sentence 1981Authement's Ornamental Iron Works, Inc. v. Reisfeld, 376 So.2d 1061 (La.App. 4th Cir., 1979), writs denied 378 So.2d 1390 (La.1980).	1	1981–1981
Campo v. Campo green la · 1980 1 sentence 1981Authement's Ornamental Iron Works, Inc. v. Reisfeld, 376 So.2d 1061 (La.App. 4th Cir., 1979), writs denied 378 So.2d 1390 (La.1980).	1	1981–1981
Bergeron v. Con-Plex, Inc. neutral lactapp · 1971 1 sentence 1976In essence, plaintiffs argue that a trespasser is not a "third party" who is protected by the recordation doctrine, citing Bergeron v. Con-Plex, Inc., 255 So.2d 397 (La.App. 1st Cir. 1971).	1	1976–1976
State v. Board of Trustees, Teachers' Retirement neutral lactapp · 1947 1 sentence 1973NOTES [1] British American Oil Producing Company v. Grizzaffi, La.App., 135 So.2d 559 , and cases cited therein; State v. Board of Trustees, Teachers' Retirement, etc., La.App., 29 So.2d 489 . [2] In pertinent part the statute reads: "The effect of the recordation of the claim shall cease and the privilege preserved by this recordation shall perempt unless a notice of filing of suit (giving the name of the court, the title and number of the proceedings and date of filing, a description of the property and a reference to the recorded contract), on said claim is recorded within one year from the	1	1973–1973
Apex Sales Company v. Abraham green lactapp · 1967 1 sentence 1973NOTES [1] British American Oil Producing Company v. Grizzaffi, La.App., 135 So.2d 559 , and cases cited therein; State v. Board of Trustees, Teachers' Retirement, etc., La.App., 29 So.2d 489 . [2] In pertinent part the statute reads: "The effect of the recordation of the claim shall cease and the privilege preserved by this recordation shall perempt unless a notice of filing of suit (giving the name of the court, the title and number of the proceedings and date of filing, a description of the property and a reference to the recorded contract), on said claim is recorded within one year from the	1	1973–1973
British American Oil Producing Company v. Grizzaffi green lactapp · 1961 1 sentence 1973NOTES [1] British American Oil Producing Company v. Grizzaffi, La.App., 135 So.2d 559 , and cases cited therein; State v. Board of Trustees, Teachers' Retirement, etc., La.App., 29 So.2d 489 . [2] In pertinent part the statute reads: "The effect of the recordation of the claim shall cease and the privilege preserved by this recordation shall perempt unless a notice of filing of suit (giving the name of the court, the title and number of the proceedings and date of filing, a description of the property and a reference to the recorded contract), on said claim is recorded within one year from the	1	1973–1973
Pringle-Associated Mortgage Corporation v. Eanes green la · 1969 2 sentences 1972Pringle-Associated Mortgage Corp. v. Eanes, 254 La. 705 , 226 So.2d 502 (1969). 1972Pringle-Associated Mortgage Corp. v. Eanes, 254 La. 705 , 226 So.2d 502 (1969).	1	1972–1972
Schwartz Supply Co. v. Zimmerman green la · 1955 2 sentences 1971LSA-C.C. art. 17; Schwartz Supply Company v. Zimmerman, 228 La. 861 , 84 So.2d 438 (1955). 1971LSA-C.C. art. 17; Schwartz Supply Company v. Zimmerman, 228 La. 861 , 84 So.2d 438 (1955).	1	1971–1971
Shreveport Long Leaf Lumber Co. v. Wilson green la · 1940 2 sentences 1968Both Plaintiff and Defendant contend that one who seeks the benefit of the Mechanic’s Lien Statute (LSA-R.S. 9:4812) must not only institute suit before the expiration of one year from the recordation of the privilege, but must also reinscribe its lien and privilege annually until the suit is terminated, citing Lumber Products, Inc. v. Crochet, 244 La. 1060 , 156 So.2d 438 ; Shreveport Long Leaf Lumber Co. v. Wilson, 195 La. 814 , 197 So. 566 . 1968Both Plaintiff and Defendant contend that one who seeks the benefit of the Mechanic’s Lien Statute (LSA-R.S. 9:4812) must not only institute suit before the expiration of one year from the recordation of the privilege, but must also reinscribe its lien and privilege annually until the suit is terminated, citing Lumber Products, Inc. v. Crochet, 244 La. 1060 , 156 So.2d 438 ; Shreveport Long Leaf Lumber Co. v. Wilson, 195 La. 814 , 197 So. 566 .	1	1968–1968
Agurs v. Belcher & Creswell neutral la · 1903 2 sentences 1964Plaintiffs cite the rule that the in-dices are no part of the records for purposes of the recordation requirement of LSA-C.C. art. 2266; and that an erroneous indexing does not affect the validity of the recordation; Agurs v. Belcher & Creswell, 111 La. 378 , 35 So. 607 (1903). 1964Plaintiffs cite the rule that the in-dices are no part of the records for purposes of the recordation requirement of LSA-C.C. art. 2266; and that an erroneous indexing does not affect the validity of the recordation; Agurs v. Belcher & Creswell, 111 La. 378 , 35 So. 607 (1903).	1	1964–1964
National Homestead Ass'n v. Graham neutral la · 1933 2 sentences 1952National Homestead Association v. Graham, 176 La. 1062 , 147 So. 348 . 1952National Homestead Association v. Graham, 176 La. 1062 , 147 So. 348 .	1	1952–1952
Taylor v. Succession of Sweetman neutral la · 1936 2 sentences 1939Taylor v. Succession of Sweetman, 184 La. 755 , 167 So. 431 . 1939Taylor v. Succession of Sweetman, 184 La. 755 , 167 So. 431 .	1	1939–1939

Statutes the citing opinions construe

LA § La. Rev. Stat. § 9:4812 (8) LA § La. Rev. Stat. § 9:4801 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 13 (1939–1990) CA 5 (1972–2014) AZ 2 (2011–2011) NJ 2 (1995–2019) NY 2 (1989–1997) FL 2 (1993–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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