McConnell v. Ory
Supreme Court of Louisiana
APPEAL from the Civil District Oourt, Parish of Orleans. King, J. In an action for slander of title, defendant who answers, setting np title, assumes the position of plaintiff in a petitory action, and must recover on the strength of his own title. The State, having acquired nothing from the sales absolutely null, could transfer no rights. Breaux vs. Negrotto, 43 An. 433. ' The sales to the State were null— (a) Because notice was not given the delinquent tax-payers. La.
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APPEAL from the Civil District Oourt, Parish of Orleans. King, J. In an action for slander of title, defendant who answers, setting np title, assumes the position of plaintiff in a petitory action, and must recover on the strength of his own title. The State, having acquired nothing from the sales absolutely null, could transfer no rights. Breaux vs. Negrotto, 43 An. 433. ' The sales to the State were null— (a) Because notice was not given the delinquent tax-payers. La. Const., Art. 210; Breaux vs. Negrotto, 43 An. 433. (5) Because the assessment of the property was insufficient for…
1Opinion of the Court
The opinion of the court was delivered by
Miller, J.
In this suit plaintiff sues for slander of title, and to annul a tax title to the property involved in the controversy, asserted by one of the defendants. The plaintiff derives title by purchase in 1894 from Julia O. Roe, widow of John Green, and she acquired it in 1871; the property being described as a portion of ground consisting of five lots, numbered from fifty-six to sixty, on upper side of State street in Bloomingdale; the numbers and measurements of the lots according to the plan of Bloomingdale. Besides this title, the plaintiff…
2Cited by12 opinions
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