Green Bros. v. Witherspoon
Supreme Court of Louisiana
A PPEAL from the Tenth District Court, Parish of De Soto. rL Hall, J. 1. “ The party who pleads prescription is hound to prove the facts necessary to sustain the plea.” 15 A. 332, and 31 A. 88. 2. “A party without title can avail himself of no prescription except that of thirty years.” 12 M. 535. 3. “ There must be actual corporeal possession precedent to civil possession as a basis of commencement for the ten or thirty years’ prescription.” 15 La. 580; Dodimon vs. Bonow, 11…
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A PPEAL from the Tenth District Court, Parish of De Soto. rL Hall, J. 1. “ The party who pleads prescription is hound to prove the facts necessary to sustain the plea.” 15 A. 332, and 31 A. 88. 2. “A party without title can avail himself of no prescription except that of thirty years.” 12 M. 535. 3. “ There must be actual corporeal possession precedent to civil possession as a basis of commencement for the ten or thirty years’ prescription.” 15 La. 580; Dodimon vs. Bonow, 11 A. 87; O. C 0.3467; B. O. C. 3503 ; Gay vs. Ellis, top of 252. 4. “It has been held the digging of a canal or felling…
1Opinion of the Court
The opinion of the Court was delivered by
Manning, J.
The plaintiffs sue for the recovery of four hundred acres of land in De Soto parish contained in four several parcels and situated within the boundaries of a large plantation of the defendant. They claim title from Edward A. Edwards, who derived his title from the will of Charles A. Edwards as his universal legatee. The defendant claims from the United States Government through an entry made for him by the same.Charles A. Edwards.
The defendant immigrated from South Carolina to De Soto parish in December 1854 at the invitation of his friend…
2Cited by9 opinions
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- Eivers' Heirs v. Rankin's HeirsSupreme Court of Louisiana · 1921
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