Legal Opinion

Baton Rouge Oil Works

Supreme Court of Louisiana

Decided March 15, 1882No. 8503Published

APPEAL from the Seventeenth Judicial District Court, Parish of East Baton Rouge. Sherburne, J. The party opposing a motion assumes the character of plaintiff in petitory action;- he must show title. The onus proba/ndi is on the party alleging that title has been divested to show divestiture.

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APPEAL from the Seventeenth Judicial District Court, Parish of East Baton Rouge. Sherburne, J. The party opposing a motion assumes the character of plaintiff in petitory action;- he must show title. The onus proba/ndi is on the party alleging that title has been divested to show divestiture. A tax deed of .property sold by tax collectors in 1881, authentic in foim, or made by authentic act, can alone be received in evidence under Sections 45 and 46 of Act 77 of 1880, and Section 2d of Act 107, 1830. The tax collector could not sell on the 9th day of March, property advertised to be sold on…

1Opinion of the Court

The opinion of the Court was delivered hy

Bermudez, C. J.

The questions raised in this litigation involve tin-validity of the title asserted by the applicants for a monition to the real estate mentioned in their petition.

The applicants substantially aver, that on the 9th of March, 1881, at a tax sale made by virtue of law, they purchased “ two-thirds of lot No. Five, squareNo. One, of Grass Town, City ofBaton Kouge,” assessed as the property and in the name of the heirs of J. J. Dundas; that they paid $1,365 for it. They exhibit the deed issued to them and pray for a monition, and after due…

2Cases cited5 opinions

  1. Central Railway Co. v. PeacockCourt of Appeals of Maryland · 1888
  2. Hackney v. TracySupreme Court of Pennsylvania · 1890
  3. Giusti v. Del PapaSupreme Court of Rhode Island · 1896
  4. Jones v. CrowleySupreme Court of New Jersey · 1894
  5. Ayers v. School DistrictSupreme Court of New Hampshire · 1891

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