Boone v. Brown

• Decision Date: 04 November 1942
• Docket Number: 36754.
• Citation: 10 So.2d 701,201 La. 917
• Court: Louisiana Supreme Court
• Parties: BOONE v. BROWN et al. (COMEAUX, Intervenor).

10 So.2d 701

201 La. 917

BOONE v. BROWN et al. (COMEAUX, Intervenor).

No. 36754.

Supreme Court of Louisiana

November 4, 1942

Wood & Wood, of Leesville, for relator.

William C. Boone, of Leesville, and Jake Brown, in pro. per., for respondents.

McCALEB Justice.

E. D. Boone the owner of a small lot of vacant land situated in Vernon Parish which he had leased to the defendant, Jake Brown, obtained a writ of provisional seizure from the Eleventh Judicial District Court for the Parish of Vernon. There was seized, under said writ, a certain automobile trailer which is owned by A. J. Comeaux, the relator herein. Comeaux intervened in the proceedings and, claiming that the trailer was not subject to the lessor's lien, prayed that it be released from the seizure.

Thereafter the case was submitted to the District Judge upon an agreed statement of facts, in which it was stipulated by all parties to the litigation that the trailer was owned by Comeaux (a third person to the rent contract); that it was seized upon the vacant plot of ground leased by Boone to Brown and that Brown had previously rented the trailer from Comeaux and placed it upon the land. Comeaux contended that, under these circumstances, the trailer was not subject to the right of pledge granted to the lessor for the payment of the rent because, under the provisions of Article 2707 of the Civil Code, this right of pledge, insofar as it affects movables belonging to third persons found on the leased premises, is limited to those movables which are contained in a house or store situated thereon. The District Judge rejected Comeaux's contention and maintained the seizure. Comeaux thereafter applied to this Court for a writ of certiorari. The writ was granted and the case has been submitted to us for decision.

The sole question presented for determination is whether the lessor has, for the payment of his rent, a right of pledge on movable property belonging to a third person

which is found on the leased land but which is not contained within a house or store upon the premises.

Article 2705 of the Civil Code gives to the lessor of real estate a right of pledge on movable effects found on the leased premises. Article 2706 extends this right of pledge to the effects belonging to a sublessee, found on the leased premises, but restricts the liability of the sub-lessee to the extent to which the latter is indebted to the principal lessee at the time when the lessor exerts his right of pledge. Article 2707 provides as follows:

'This right of pledge affects, not only the movables of the lessee and underlessee, but also those belonging to third persons when their goods are contained in the house or store, by their own consent, express or implied.' (Italics ours.)

We think that the above quoted provisions of Article 2707 clearly exhibit that the judge of the District Court committed error in maintaining the seizure of the trailer belonging to Comeaux since it was located upon vacant land and was not contained in a house or store situated on the leased premises. It is the well-settled law of this State that liens or privileges are held stricti juris. See Burn Planting Co v. Goldman Landing Co., 163 La. 720, 112 So. 662, 664. This rule is particularly applicable to cases where a creditor claims a lien on property belonging to one who is not the debtor or liable for the obligation.

In Burn Planting Co. v. Goldman Landing Co., supra, this Court had occasion to consider a state of facts quite similar to those appearing in the instant matter. There, the plaintiff rented to the defendant a right of way fifty feet wide for the term of thirteen years at $700 per year. The defendant thereafter leased from the Missouri Pacific Railroad Company, for a stipulated rental, certain steel rails, angle bars, etc., and constructed a spur track on the right of way leased by plaintiff. Upon the default of the defendant in the payment of its rent, the plaintiff obtained a writ of provisional seizure and had the sheriff seize the rails, angle bars, etc., which belonged to the Missouri Pacific Railroad Company. The railroad company intervened and sought to...