King v. Gantt
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. An action, in which plaintiff claims to be the owner of real estate, and aslrs ‘for the annulment of its sale for taxes on the ground that he had offered to redeem by paying the purchase price within the legal delay, and that the defendant be enjoined from perfecting that title, or doing any act to deprive him of the property, is a petitory action in its nature, C. P. 5; IP. 242; 9L 147.…
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APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. An action, in which plaintiff claims to be the owner of real estate, and aslrs ‘for the annulment of its sale for taxes on the ground that he had offered to redeem by paying the purchase price within the legal delay, and that the defendant be enjoined from perfecting that title, or doing any act to deprive him of the property, is a petitory action in its nature, C. P. 5; IP. 242; 9L 147. "Wliether it be technically a petitory action or not, it involves title to real estate, and could not be maintained by…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiff seeks the annulment of an adjudication made to defendant, of Ms property, at a tax sale. He alleges that, within the two years following the adjudication and allowed by law for the cancellation of such adjudication, he has tendered to the defendant the amount paid by him as adjudicatee, with interest and damages, but that the latter has refused to receive the same. He coupled his prayer or annulment with an injunction, to prevent the defendant from registering his adjudication and from procuring a title, or deed, from the…
2Cited by1 opinion
- Jamison v. Charles F. Cullom & Co.Supreme Court of Louisiana · 1903