United States Supreme Court Cases & Opinions

U.S. Supreme Court

Grant Timber & Mfg. Co. v. Gray, 236 U.S. 133 (1915)

Grant Timber & Manufacturing Company v. Gray

No. 136

Argued January 19-20, 1915

Decided February 1, 1915

236 U.S. 133

Syllabus

A state may, without violating the Fourteenth Amendment, protect established possession of property against disturbance by anything other than process of law.

Article 55, Code of Practice of Louisiana, providing that one sued in a possessory action cannot bring a petitory action until after judgment shall have been rendered in the possessory action, and, in case he shall have been condemned, until he shall have satisfied the judgment given against him, is not unconstitutional under the due process provision of the Fourteenth Amendment.

131 La. 865 affirmed.

The facts, which involve the constitutionality, under the due process clause of the Fourteenth Amendment, of Article 55, Louisiana Code of Procedure, relating to possessory and petitory actions, are stated in the opinion.