Clarkston v. Vincent & Co.
Supreme Court of Louisiana
APPEAL from the Fourth District Court, parish of Orleans. Campbell, J. In a petitory action the contending parties must claim the same property. Until the identity of the property be shown, the rules relative to petitory actions are inapplicable.
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APPEAL from the Fourth District Court, parish of Orleans. Campbell, J. In a petitory action the contending parties must claim the same property. Until the identity of the property be shown, the rules relative to petitory actions are inapplicable. As against one in possession claimant is not bound to show title in himself good against the world ; a fortiori is he not required to make such proof when the adverse party does not claim to be in possession. 8 La. 239-246 ; 8 An. 499. The rule that the party relying on title acquired by sheriff’s sale must show deed, writ, and judgment., not…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
This is an action for slander of title. The plaintiff charges the defendant with having slandered her title to a lot and improvements thereon in the city of New Orleans. She claims to be the owner of the property, and to have had the quiet and uninterrupted possession of it since January the 10th, 1861, under a purchase of that date from, one J. M. Green. She claims title also by prescription, by virtue of her alleged possession under a title translative of the property for more than ten years. Damages are claimed against the defendants for…
2Cited by9 opinions
- Vinton Oil & Sulphur Co. v. GraySupreme Court of Louisiana · 1914
- Heath v. Suburban Building & Loan Ass'nLouisiana Court of Appeal · 1935
- Wier v. Texas Co. Ludeau v. Texas Co. Vidrine v. Texas CoCourt of Appeals for the Fifth Circuit · 1950
- Fontelieu v. FontelieuSupreme Court of Louisiana · 1906
- Mower v. BarrowLouisiana Court of Appeal · 1931
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