Jamison v. Smith
Supreme Court of Louisiana
APPEAL from tlie Civil District Court for tire Parish of Orleans. Monroe, J. ITo evidence admissible to prove title in defendant under general issue.
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APPEAL from tlie Civil District Court for tire Parish of Orleans. Monroe, J. ITo evidence admissible to prove title in defendant under general issue. Draper vs. Richards, 20 An. 306; Well vs. St. Dizier, 9 An. 120. Defendant who, though alleging title,, does not state its character or derivation, is considered as a mere trespasser, against whom plaintiff need only show an apparent title. 9 Rob». 215 ; 10 R. 510. From a possessor without title a Joint owner may recover the whole-undivided property. $ La. 134; 6 An. 232; 31 An. 74. Prom a possessor without title revenues should bo granted up to…
1Opinion of the Court
The opinion of the Court was delivered "by
Todd, J.
This is a petitory action, in which the plaintiff claims to be owner of the following property in the City of New Orleans, viz :
“ A certain lot of ground witli all the buildings thereon, situated on Camp street, between St. Joseph and Julia streets, in the First District of this city, known as No. 200 Camp street, measuring 19 feet front on Camp street, by 175 feet in depth, and adjoining a lot of ground described in an act of sale from David Siddle and Samuel Ste.wart to Mrs. Rebecca Johnson, widow of Thomas Stackhouse, before Wm. Christy,…
2Cases cited3 opinions
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
- Fulton Bank v. BenedictThe Superior Court of New York City · 1829
- Innis v. CampbellSupreme Court of Pennsylvania · 1829
3Cited by17 opinions
- River & Rail Terminals, Inc. v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1930
- Gould v. BebeeSupreme Court of Louisiana · 1913
- Schaub v. GriffinCourt of Appeals of Maryland · 1897
- Hamilton v. HamiltonSupreme Court of Louisiana · 1912
- Iberia Cypress Co. v. ThorgesonSupreme Court of Louisiana · 1906
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