City of New Orleans v. Shakspeare
Supreme Court of Louisiana
APPEAL from tbe Civil District Court, Parish of Orleans. Houston, J. 1. He who would sustain his plea of the prescription of thirty years must show, by satisfactory evidence, a continuous and uninterrupted public and unequivocal possession, under the title of owner, for the full term of thirty years.
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APPEAL from tbe Civil District Court, Parish of Orleans. Houston, J. 1. He who would sustain his plea of the prescription of thirty years must show, by satisfactory evidence, a continuous and uninterrupted public and unequivocal possession, under the title of owner, for the full term of thirty years. O. C. 3500 [3465], 3436. 2. The burden of proof is on him who pleads this prescription to prove it, and he must show, by evidence satisfactory to the court, the beginning of the possession adverse to that of the true owner, that the court may determine if the full term of thirty years has…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This is a petitory action by which the city seeks to recover a piece of immovable property alleged to have been in the illegal possession of tlie defendants for twenty-seven years, and rents for tile use of the same at the rate of $100 per annum for twenty-seven years.
The defense is the prescription of ten and of thirty years.
The district court sustained the plea of prescription of thirty years, and the city appeals.
There is no dispute as to the chain of titles under which the city claims the ownership of the property, and the discussion is…
2Cases cited1 opinion
- Wilson v. BannenSupreme Court of Louisiana · 1842
3Cited by22 opinions
- Capo v. BlanchardLouisiana Court of Appeal · 1924
- Succession of SealsSupreme Court of Louisiana · 1963
- Humble v. DeweyLouisiana Court of Appeal · 1968
- Foscue v. MitchellSupreme Court of Louisiana · 1938
- Sanders De Hart v. Continental Land Fur Co.Supreme Court of Louisiana · 1944
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