Heirs of Dohan v. Murdock
Supreme Court of Louisiana
APPEAL from the Ninth District Court, Parish of Tensas. Young, J. 1. In a petitory action the claimant must allege and prove every material fact necessary to establish good and perfect title in himself before he can recover. C. P. 44. 3. The whole burden of proof is upon the plaintiff in a petitory action. He must make his title certain; to make it possible, or even probable, will not suffice.
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APPEAL from the Ninth District Court, Parish of Tensas. Young, J. 1. In a petitory action the claimant must allege and prove every material fact necessary to establish good and perfect title in himself before he can recover. C. P. 44. 3. The whole burden of proof is upon the plaintiff in a petitory action. He must make his title certain; to make it possible, or even probable, will not suffice. C. P.44; 22 Ann. 378; 19 Ann. 12J ; 18 Ann. 29, 507. 3. The iule that evidence received without objection will be given effect even where the issue is not made by tbe pleadings will not be extended so…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
This is a petitory action for tiie recovery of an undivided one-half interest in the property known as the Ashland plantation, situated in the parish of Tensas, this State. It is designated in the petition as “ the same property (that was) sold by William Harris to Daniel J. Dohan and to Mrs. Rebecca Dohan on the 21st of February, 1850. ’
Plaintiffs claim the property by inheritance from their deceased mother, Mrs. Rebecca Dohan, and it is alleged in their petition that one of them is a resident of the State of Texas and the others of the…
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