Stubbs v. Nylka Land Co.

His Honor, JOHN ST. PAUL,

rendered the opinion and decree of the Court, as follows:

Defendant, iclaiming by tax title the property involved in this controversy, brought suit under the terms of Act 101 of 1898, calling upon plaintiff to file proceedings to annul said tax sale within the delay allowed by said act; otherwise same would be confirmed.'

Thereupon plaintiff filed this petitory action as an independent suit, merely setting up her own title to the property, the defendant’s possession thereof, and the latter’s refusal to surrender the same.

Whether or not the filing of a petitory action…