No. 5043 Precedential Processed

Schultz v. Finegan

Louisiana Court of Appeal, First Circuit · Filed May 16, 1910 · 7 Teiss. 415

Also decided on this docket: La. Ct. App. 1st Cir., July 3, 1975 315 So. 2d 795; La. Ct. App. 1st Cir., May 31, 1960 121 So. 2d 273; La., March 15, 1874 26 La. Ann. 251

Opinion text

ST. PAUL, J. Plaintiff seeks to enjoin a lessor and a constable from seizing, for rent due by his step-father, a certain piano and parlor set found in the leased premises, claiming that they are his personal property and exempt from such seizure by reason of the fact that he is a sub-tenant, to-wit: a boarder in the house, and has paid his board in full to his step-father, the tenant. The evidence fully supports the allegations of fact and we have already held, and still adhere to, the proposition of law that a boarder who lives in the leased premises is a sub-tenant, to the extent at least that the property belonging to him and contained in the lease-d premises is subject to seizure for the rent due by the tenant, only in so far as he is himself indebted to the tenant. Rosenthal vs. Longley, 1 Ct. of App. 206-207. Judgment affirmed.