Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 89

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 89

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...have no settled lights to guide us as to which of thc five or tcn years prescription wouhl apply in such cases. But a matur'e consideration of the articles of the Code on thc subject has led us to the conclusion that such an action is a personal action, not enumerated in any of the urtiticles treating of the prescription of cither one, three or five years, and that it must be governed by Article 3544 of the Codc, which rcads: " In general, all personal actions, except th('sc bcforc cnumcratcd, are prescribed by ten ycars." Thc next inquiry must. be dircctcd to ascertain the timc at which prescription begins to run. lt is clear that it cannot run against minors; hence, under that principle, it did not begin to run bcfore the 2311 of Uctobcr, 1875, at which time plaintiff bccamc of age, and this suit was brought on the 4th of April, 1885, therefore within the ten years. But in actions for account of the usufruct, the corrcct rulc is to date prescription from the timc at which the right to demand an account accrued, and in logic and reason, as wcll as in law, that right accrues only at the termination of the usufrnct, just as clearly as prescription on a proniissory notc must bc computcd only from the datc of its maturity, and not from the date of its cxccution. No one can be debarred by prescription from the cxcrcisc of any right, to be computed from a. time at which the right did not. e_.: ist. The doctrine of "non contra valcnteni," ctc., most unequivocally applies to such actions. 36 Ann. 412, Mt-Knight vs. Calhoun; 32 Ann. 1041, Succession of S. M. Farmer. Defendant contracted her sccond marriagc on the 15th of October, 1881, at which time her usufruct expired, and that is the date fronl which prcscription...
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Product details

  • Paperback | 472 pages
  • 189 x 246 x 24mm | 835g
  • United States
  • English
  • black & white illustrations
  • 1236740475
  • 9781236740472