Clemens v. Meyer
Supreme Court of Louisiana
Montgomery, J. PPBAL from the Eighth District Court, Parish of Madison. Minor heirs become vested with all rights of possession, etc., upon the death of their parents, the law accepting the succession for them. C. O. 910 to 917-977; 12 R. 266; 23 An. 117. The plea of ten years’ prescription must have for its basis a title translative of property, at least ten years old.
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Montgomery, J. PPBAL from the Eighth District Court, Parish of Madison. Minor heirs become vested with all rights of possession, etc., upon the death of their parents, the law accepting the succession for them. C. O. 910 to 917-977; 12 R. 266; 23 An. 117. The plea of ten years’ prescription must have for its basis a title translative of property, at least ten years old. C. C. 3179. To support the plea of thirty years’ prescription, the party claiming under it must show with legal certainty an uninterrupted, continuous possession as owner for the time necessary to prescribe. O. O. 3500 ; 39…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Plaintiffs brought this petitory action to recover from the defendant the hale of the east half section No. 3, in township No. 15, north of range 12, east.
They are the children of Horace Groves, who, with his brother Elijah, inherited from Moses Groves and wife.
*391One of the plaintiffs was born on the 26th January, 1853, and died on the 29th July, 1884; the other was born on the 6th day of March, 1854.
In April, 1830, Rachel Rundell and others sold a tract of land to Moses Groves containing 160 acres.
In the deed the land is described as part of…
2Cases cited1 opinion
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
3Cited by11 opinions
- Liles v. PittsSupreme Court of Louisiana · 1919
- Humble v. DeweyLouisiana Court of Appeal · 1968
- Matthews v. CarterLouisiana Court of Appeal · 1962
- Ramos Lumber & Mfg. Co. v. SandersSupreme Court of Louisiana · 1906
- Reliance Homestead Ass'n v. BrinkSupreme Court of Louisiana · 1931
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