Talle v. De Monasterio
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. King, J. Action for the annulment of a sale of certain property situated in the city of New Orleans made by the State Tax Collector, and adjudicated to the State of Louisiana, on the 14th of August, 1875; and also conveyed by said Tax Collector to one N. Antonio De Monasterio on the 17th of August, 1875, by an authentic act.
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PPEAL from the Civil District Court for the Parish of Orleans. King, J. Action for the annulment of a sale of certain property situated in the city of New Orleans made by the State Tax Collector, and adjudicated to the State of Louisiana, on the 14th of August, 1875; and also conveyed by said Tax Collector to one N. Antonio De Monasterio on the 17th of August, 1875, by an authentic act. And further to annul the act of confirmation of said Monasterio’s title by the State Auditor, bearing date February 25, 1876, and to decree plaintiffs the owners thereof. The judgment of the District Court…
1Opinion of the Court
The opinion of the court was then delivered by
Miller, J.
The judgment of the lower court was in favor of plaintiffs for the property claimed by them in this suit, and against them on their claim for damages caused by eviction, and for rents of the property for the period it is claimed defendants have had illegal possession. The defences were that defendants, the widow and heirs of De Monasterio, were owners under a tax title conveyed by the State to him years before the suit was brought; that subsequently plaintiffs, or one of them, rented the property from him and is thereby estopped from…
2Cited by7 opinions
- Monnier v. GodboldSupreme Court of Louisiana · 1906
- City of New Orleans v. New Orleans Jockey ClubSupreme Court of Louisiana · 1905
- Wright v. Mark C. Smith & Sons PartnershipLouisiana Court of Appeal · 1972
- A. Leschen & Sons Rope Co. v. C. T. Patterson & Co.Supreme Court of Louisiana · 1912
- Stroud v. Standard Oil Co. of New JerseyLouisiana Court of Appeal · 1949
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