Lee v. Kendall
Also decided on this docket: La. Ct. App. 4th Cir., February 13, 1975 308 So. 2d 534; La. Ct. App. 1st Cir., April 11, 1979 370 So. 2d 1264; La. Ct. App. 1st Cir., May 24, 1978 359 So. 2d 1066; La. Ct. App. 1st Cir., December 20, 1915 13 Tiess. 81
Lee v. Kendall, 1 Mann. Unrep. Cas. 19 (La. 1880).
Opinion text
Egan, J. By Art. 3274 C. C. such privilege (that for materials furnished) confers no preference over creditors who have acquired a mortgage, unless the act or the evidence of debt is recorded on the day that the contract is entered into. If that is not done it takes effect only from the date of registry. In this case that was subsequent to the registry of the plaintiff’s mortgage to which therefore the privilege, not having been recorded the day it was acquired, must yield. Decreed accordingly.