D'Orgenoy v. Droz
Supreme Court of Louisiana
ON AN AI'TLICATION TOE A RE-IIEARINB. Roselius and Quemper, for the defendant and appellant, solicited a re-hearing in this case. 1. This action is essentially a petitory one, and the plaintiff must recover on the strength of his title. He claims the property under a sale to his ancestor in 1807. This is the only title which he sets up. The sale is expressly denied, and the issue is a sale or no sale.
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ON AN AI'TLICATION TOE A RE-IIEARINB. Roselius and Quemper, for the defendant and appellant, solicited a re-hearing in this case. 1. This action is essentially a petitory one, and the plaintiff must recover on the strength of his title. He claims the property under a sale to his ancestor in 1807. This is the only title which he sets up. The sale is expressly denied, and the issue is a sale or no sale. The arguments of counsel on both sides were exclusively directed to this point, and no other. The plaintiff never dreamed that the land had been given to his ancestor; that idea is repudiated by…
1Opinion of the CourtRost, J.
The counsel for the defendant makes a false application of the elementary principles to which they refer the court, and misconceive the grounds assumed in the decision, and the extent to which it goes.
The only question which the court considered themselves called upon to decide, was whether the plaintiffs had a title translative of property upon the face of it, and were in possession under that title; if they possessed and had title, the defendant had no right to inquire into its defects in this suit. The injunction must be perpetuated, and the defendant left to his legal remedy in a direct…
2Cited by3 opinions
- Planters' Bank v. ByrneSupreme Court of Louisiana · 1848
- Grenier v. GuillebertSupreme Court of Louisiana · 1919
- Urquhart v. SargentSupreme Court of Louisiana · 1847