Sully v. Spearing

The opinion of the Court was delivered by

Fenner, J.

This is a jactitation suit brought by plaintiff in possession of the immovable in controversy against the defendant who slanders his title.

Defendant answers setting up title in himself and thereby converts the action into a petitory one in which he must be treated as plaintiff. Dalton vs. Wickliffe, 35 Ann. 356.

Both parties present recorded chains of title running back to the same author, Charles Pitts.

Sully’s title is derived from a sale by Charles Pitts to M. A. Fortier, passed June 21, 1851.

Spearing’s title flows from a sheriff’s sale of…