Livaudais v. Municipallity Number Two
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is a petitory action. The plaintiff alleges he is the owner of a square of ground, number 63, on the original plan of faubourg Annunciation, bounded by Camp, Colisium, Robin and Race streets, and which the' defendants have taken into possession. He prays to be declared the true and legal owner, and put in possession, with damages for the detention of the same.
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APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is a petitory action. The plaintiff alleges he is the owner of a square of ground, number 63, on the original plan of faubourg Annunciation, bounded by Camp, Colisium, Robin and Race streets, and which the' defendants have taken into possession. He prays to be declared the true and legal owner, and put in possession, with damages for the detention of the same. The defendants, pleaded the general issue, and admitted possession, but averred they held and possessed by a good and legal title. Upon these pleadings and issues the case was…
1Opinion of the CourtMartin, J.
The defendants are appellants from a judgment in which the plaintiff recovered a square of ground in the city of New-Orleans, in their possession, to which they claim title. They also pleaded the general issue.
We have not examined the plaintiff’s title, because the defendant’s have recognized it, by urging a title in themselves under him, and have presented as evidence of it the plan of a Faubourg, laid out into lots, streets, squares and public places, on a plantation formerly belonging to him"; the locus in quo, being a square figuring on said plan, on which the word “colysée” was written.
Th…
2Cases cited1 opinion
- Rion v. Seghers' SyndicsSupreme Court of Louisiana · 1820
3Cited by11 opinions
- Jaenke v. TaylorSupreme Court of Louisiana · 1925
- Orleans Parish School Board v. CampbellSupreme Court of Louisiana · 1961
- Carrollton Rail Road v. Municipality No. 2Supreme Court of Louisiana · 1841
- Wilkie v. WalmsleySupreme Court of Louisiana · 1931
- David v. Municipality No. TwoSupreme Court of Louisiana · 1859
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