Fischel v. Mercier
Supreme Court of Louisiana
]?PEAL trom the Superior District Court and Third District Courfcj parish of Orleans. Lynch, J. “We contend that in this case all the formalities of law have been complied with. That the proceedings, being summary, may be tried at any time, in the manner provided by law. That our title, being conclusive, could not be attacked collaterally, but, if at all, by direct action.
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]?PEAL trom the Superior District Court and Third District Courfcj parish of Orleans. Lynch, J. “We contend that in this case all the formalities of law have been complied with. That the proceedings, being summary, may be tried at any time, in the manner provided by law. That our title, being conclusive, could not be attacked collaterally, but, if at all, by direct action. That this action being more of a possessory than a petitory one, the question of ownership could not be entered into. A sworn officer is always presumed to have done his duty, until the contrary is proved,” and the…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The plaintiff claims possession of the property of defendant under a tax-collector’s title made under the provisions of Act No. 105 of 1874, said property having been previously adjudicated to the State at a tax-sale made under the provisions of Act No. 47 of 1873. He also presents a further title from the Auditor of the State, made after non-redemption within six months ; and demands to be put in possession as directed by section four of the Act 47 of 1873.
An analysis of section one of the last-mentioned act will disclose the following…
2Cases cited1 opinion
- Town of New Haven v. Board of Trustees of Sheffield Scientific SchoolSupreme Court of Connecticut · 1890
3Cited by9 opinions
- Gary v. BrenholzSupreme Court of Louisiana · 1908
- State Ex Rel. Loraine, Inc. v. Adjustment Board of City of Baton RougeSupreme Court of Louisiana · 1952
- State v. C. S. Jackson & Co.Supreme Court of Louisiana · 1919
- Dunlap v. Ramsey & DunlapSupreme Court of Louisiana · 1938
- Barrett v. PiersonSupreme Court of Louisiana · 1927
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