Legal Opinion

Fink v. Lallande

Supreme Court of Louisiana

Decided December 15, 1840PublishedCited by 4 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action for slander of title and disturbance of possession of the plaintiff, as the owner and possessor of a city lot, by the defendant, who claims to be owner ; exercising acts of ownership over if, by hauling earth and placing it thereon. He prays to be quieted in his title, and that the defendant be enjoined and prohibited from disturbing him in the possession thereof.

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action for slander of title and disturbance of possession of the plaintiff, as the owner and possessor of a city lot, by the defendant, who claims to be owner ; exercising acts of ownership over if, by hauling earth and placing it thereon. He prays to be quieted in his title, and that the defendant be enjoined and prohibited from disturbing him in the possession thereof. The defendant pleaded a general denial, and avers that he is the true owner of said lot, situated at the south west corner of Perdido and St. Paul streets,…

1Opinion of the CourtSimon, J.

Plaintiff alleges that he is the owner of a piece of ground,, at the corner of St. Paul and Pigeonnier or Perdido streets, containingone hundred and twenty feet fronton theformerand two hundred feet on the latter; which lot is the west corner of said Perdido and St. Paul streets; which he has held by a just title, and together with those under whom he claims, by a quiet and undisturbed possession of more than twenty years. He also states that he has been disturbed in his possession by the defendant, who gives himself out as the owner of the lot, and is about improving the same, and prays for…

2Cases cited1 opinion

  1. Lee v. AndrewsSupreme Court of Louisiana · 1822

3Cited by4 opinions

  1. Drouet v. RiceSupreme Court of Louisiana · 1842
  2. United States v. HarangCourt of Appeals for the Fifth Circuit · 1947
  3. Southwestern Settlement & Development Co. v. RandolphCourt of Appeals of Texas · 1922
  4. Robinett v. ComptonSupreme Court of Louisiana · 1847

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