Dalton v. Wickliffe
Supreme Court of Louisiana
APPEAL from the Fifteenth District Court, Parish of West Feliciana. Yoistj J. Courts have power, in their discretion, to determine whether a paper filed in a suit styled a peremptory exception shall be considered as an answer to the merits. 5 An. 41; 20 An. 428; 32 An. 613. In an action for slander of title, the defendant, by setting title in himself to the property, stands in the position of a plaintiff in a petitory action, and must make out his case on the strength of his…
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APPEAL from the Fifteenth District Court, Parish of West Feliciana. Yoistj J. Courts have power, in their discretion, to determine whether a paper filed in a suit styled a peremptory exception shall be considered as an answer to the merits. 5 An. 41; 20 An. 428; 32 An. 613. In an action for slander of title, the defendant, by setting title in himself to the property, stands in the position of a plaintiff in a petitory action, and must make out his case on the strength of his own title, and not on the weakness of his adversary’s. 32 An. 613, 698; 33 An. 249. A nuncupative will, by public act,…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This is an action for slander of title, otherwise termed a jactitation suit. , .
Plaintiff avers that she has had peaceable and undisturbed possession of tlie immovable property in-controversy, as owner, for over thirty years, and that defendant, since December, 1880, has slandered her title, declaring himself to he the owner, causing her tenants to refuse to pay her rents, and otherwise injuring her.
Defendant filed exceptions to the effect: li 1st, that plaintiff has not that possession which is required to maintain this action ; 2d, that…
2Cases cited3 opinions
- Rroctor v. RichardsonSupreme Court of Louisiana · 1837
- Dufour v. CamfrancSupreme Court of Louisiana · 1822
- Succession of DuplessisSupreme Court of Louisiana · 1845
3Cited by24 opinions
- Siegel v. HelisSupreme Court of Louisiana · 1937
- South Louisiana Land Co. v. Riggs Cypress Co.Supreme Court of Louisiana · 1907
- Bliss v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1932
- Labarre v. Burton-Swartz Cypress Co.Supreme Court of Louisiana · 1910
- Miller v. Albert Hanson Lumber Co.Supreme Court of Louisiana · 1913
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