Regan v. Carr

Jun 1, 1977
No. 59837
Versions:346 So. 2d 207
1977 La. LEXIS 5777

Lead Opinion

In re: Bernard E. Carr applying for certiorari, or writ of review, to the Court of Appeal, 343 So.2d 1125, Third Circuit, Parish of Acadia.

Writ denied. The assignments of error are not meritorious.





Dissenting Opinion

DIXON, J.,

dissents from the denial; R.S. 9:3203 is a punitive law which must be strictly construed. This defendant did not “fail[s] to permit the lessee to occupy or cultivate”; he sold land with an unrecorded lease and the purchaser evicted the plaintiff.

DENNIS, J., is of the opinion the writ should be granted and also agrees with the reasons assigned by Dixon, J.