Roe v. Heirs of Bundy
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King¡ J. J.. The vendor of iand is estopped by his warranty of peaceable possession from doing any act in disturbance of the vendee’s possession, and hence can not plead against his vendee the prescription of thirty years acquirendi causa.
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APPEAL from the Civil District Court for the Parish of Orleans. King¡ J. J.. The vendor of iand is estopped by his warranty of peaceable possession from doing any act in disturbance of the vendee’s possession, and hence can not plead against his vendee the prescription of thirty years acquirendi causa. R. C. C., Arts. 2479, 247G, 2504; Sedgwick & Waite on Trial of Title to Land, 543; 13 An. 13; 34 An. 648 ; 43 An. 849 ; 9 R. 3. 2. The vendor’s warranty of peaceable possession m a deed is a continuing acknowledgment of his vendee’s possession and a perpetual interruption of the prescription of…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
Plaintiff alleges that she is the owner and in possession of ten certain lots of ground situated in the sixth district of the city of New Orleans on the upper side of State street, designated according to the original plan of Bloomingdale drawn by N. B. Buisson on November 12, 1836, as lots Nos. 34 to 43 inclusive, and measuring, according to said plan, 300 feet on the upper side of State, street on a depth of 175 feetbetwéen parallel lines, the whole bounded by the upper side of State street, Saint Charles (late Dryades) street and the…
2Cases cited1 opinion
- Ellis v. PrevostSupreme Court of Louisiana · 1839
3Cited by16 opinions
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- Succession of ZebriskaSupreme Court of Louisiana · 1907
- Sonnier v. ConnerLouisiana Court of Appeal · 2008
- Frost Lumber Industries, Inc. v. HarrisonSupreme Court of Louisiana · 1949
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