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27.11.2020
NPI Directory Metairie Louisiana. Alphabetical NPI Directory of Metairie Louisiana. International School Of Louisiana Jefferson Parish - Metairie, Louisiana. Carbone School East Haven Academy - East_Haven, Connecticut. Ruth Mercer Elementary - Warsaw, Missouri.  Compare Metairie, Louisiana to any other place in the USA. Maps of metairie, louisiana. Check out the latest Maps in a variety of categories including cost of living, population, and commute time. Zip Codes in Metairie, Louisiana. Coburn's of Metairie Causeway. 28th St, Metairie, LA Coburn Supply offers plumbing, heating, air conditioning, electrical, builder, pipes, valves, and fittings products. We also have Kitchen & Bath showrooms. Plumber. Earl's Plumbing & Heating LLC. W Napoleon Ave, Metairie, LA Earl's Plumbing and Heating is a New Orleans and Metairie based Plumbing and Heating Company. We specialize in Water Line Reroutes, Water Heater Sales and Services, Hydro Tunneling and Underslab Repair, Complete Plumbing Renovations, Gas Inspections, Repairs and Installation. Metairie Cabinet Tops 17th Street. We granted certiorari upon lumber products metairie louisiana institute application of defendant. This language sets productx the duration of the privilege created by the recordation, provides for a right of action to enforce it and establishes the prescription of that right of action. Since the Act the effect of the privilege ceases after one year unless reinscription took place. Licensed, trusted and insured pros in Metairie promise to help and assist you instantly.

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Windows by Design Metairie Road B. For this reason, statutes creating privileges having the character of that under review, being in derogation of common rights, must be considered as stricti juris and rigidly construed. Southport Petroleum Co. Fithian, La. Such a privilege is superior to all other claims against the land and improvements, except taxes and local assessments for public improvements or a bona fide vendor's privilege or mortgage recorded before the work or labor is begun or any material is furnished.

Such a privilege supersedes the homestead exemption which may be due on the affected property. Const, of , art. It is a right which the nature of a debt gives to a creditor and which entitles him to be preferred before other creditors. LSA-Civil Code, art. Privileges can be claimed only for those debts to which they are expressly granted by law.

Under the statute before us the privilege created in favor of the materialman by recordation of the claim against the property is for one year and "may be enforced by a civil action" and "such right of action shall prescribe within one year from the date of the recordation of the privilege.

It simply means that the privilege is for one year and must be enforced by a suit filed within one year of its original recordation. But it is contended that there is other language in the act which would permit suit to be instituted to assert the "right of action" after one year. The language relied upon to support that contention is this: "The effect of the registry ceases, even against the owner of the property or the property itself, if the inscription has not been renewed within one year from the date of the recordation.

This language sets out the duration of the privilege created by the recordation, provides for a right of action to enforce it and establishes the prescription of that right of action. The last quoted portion of the statute which is italicized is not an effect of registry; it has to do with the prescription of the right of action granted to enforce the privilege which has been created by the registry.

The prescription established in the statute is not an effect of registry; it is an effect of other language of this law separate and apart from the language dealing with the creation of the privilege by recordation. In other words the prescription of the right of action is fixed at one year.

If the legislators intended that it could be prolonged beyond that one year that intention must be clear. So when the act says "The effect of the registry ceases, even against the owner of the property or the property itself, if the inscription has not been renewed within one year from the date of the recordation", it means the privilege ceases, for the privilege is the effect of the registry.

The converse of this proposition, then, is that if reinscription has been renewed within one year only the privilege is renewed therebyreinscription would have no effect upon the prescription of the right of action established by the act and the prescription of the suit to enforce the privilege would not be interrupted by the reinscription.

The object of the reinscription of the privilege would be to preserve its effects during the pendency of a suit instituted within one year of the original recordation. We think it is necessary to give the act the interpretation we have given it here for, as we have noted, such an act is in derogation of common rights and must be rigidly construed in favor of the parties whose common rights are affectedthe owner of the property, his ordinary and other creditors.

Furthermore, the history of this act warrants the conclusion we have drawn from its language. Its predecessor, Section 12 of Act No. But Act of amended the Act by deleting the provision of Act which declared that prescription did not run on the privilege during the pendency of a judicial proceeding. The amendment provided in lieu of the deleted language that the privilege, which was good for one year, "may be enforced by a civil action in any Court of competent jurisdiction in the parish in which the land is situated and such right of action shall prescribe within one year from the date of the recordation of the privilege in the office of the Recorder of Mortgages.

Since the Act the effect of the privilege ceases after one year unless reinscription took place. Instituting suit would no longer keep the privilege alive unless the claim had been timely reinscribed. Wilson, La. What the Act has done is to make the keeping of the privilege alive against the property more burdensome to the claimant of that privilege, for now it is not sufficient to institute suit to keep the privilege alive during the pendency of that suit.

It is necessary to reinscribe the privilege if the suit should pend beyond one year from the date of the original recordation, otherwise the suit could not enforce a privilege which had "passed out of existence" before final judgment was obtained.



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