National Acceptance Co. of America v. Wallace

In re: Erwin A. Huss applying for writ of review to the Court of Appeal, Second Circuit, Parish of Caddo. 194 So.2d 194 . Writ refused. The result is correct. SANDERS, J., is of the opinion a writ should be granted. This case involves an innocent third party purchasing property in reliance upon a judgment of a court of competent jurisdiction cancelling a mortgage in a proceeding in which the named mortgagee filed an appearance. The Court of Appeal decision conflicts with the jurisprudence of this Court. See Delavigne v. Gaiennie, 11 Rob. 171 ; Guesnon v. His Creditors, 7 Rob. 382 ; Lesassier v. Dashiell, 17 La. 194 ; and Adams v. Preston, 22 How. 473, 490 , 63 U.S. 473, 490 , 16 L.Ed. 273, 278 . See also 2 Planiol, Civil Law Treatise, (Translation by Louisiana State Law Institute) Nos. 3069-3072. Cases reaching a result contrary to those cited are of two classes: (1) cases of fraudulent record cancellations, not involving reliance on a court judgment. See, e. g., Zimmer v. Fryer, 190 La. 814 , 183 So. 166 . (2) cases in which a judgment of cancellation was rendered by a court held to lack jurisdiction. See Horton v. Cutler, 28 La.Ann. 331 (on rehearing). The applicant is entitled to a writ as a matter of right to reconcile the jurisprudence, but Justice Sanders expresses no opinion at this time as to how the conflict in the jurisprudence should be resolved.