Stallcup v. Pyron
Supreme Court of Louisiana
APPEAL from the First Judicial District Court, parish of Caddo. Taylor, J. ■ • Rirst — Petitory action. Plaintiff claims under public act executed January 15th, 1881, recorded January 25th, 1881 Second — Defendant claims under private act, dated December 2d, .1879, recorded (by copying in conveyance booh) Sept. 15th, 1880, without any acknowledgment or proof whatever of its execution.
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APPEAL from the First Judicial District Court, parish of Caddo. Taylor, J. ■ • Rirst — Petitory action. Plaintiff claims under public act executed January 15th, 1881, recorded January 25th, 1881 Second — Defendant claims under private act, dated December 2d, .1879, recorded (by copying in conveyance booh) Sept. 15th, 1880, without any acknowledgment or proof whatever of its execution. Third — Plaintiff in good faith; no knowledge of defendant’s title, or the pretended registry thereof, or his possession of the land. Rourth — The means of obtaining knowledge not equivalent to actual knowledge.…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This is a petitory action in which both parties claim title to the same property, derived from a common author.
Plaintiff rests his title on a sale from Fanny Festervant, by authentic act under date 'of January 5,1881, recorded on the 25th of the same month and year.
*1250Defendant claims under a sale under private signature from the same person, bearing date of December 2d, 1879, recorded on September 15th, 1880, but not proved by any of the attesting witnesses until the 12th of February, 1881.
The judgment of the District Court was in favor of…
2Cited by6 opinions
- AM. BANK & TR. CO. IN MONROE v. Carson Homes, Inc.Louisiana Court of Appeal · 1977
- McQueen v. Flasdick-Black Land & Lumber Co.Supreme Court of Louisiana · 1914
- Hunt v. BowieLouisiana Court of Appeal · 1978
- Cousins v. CusachsLouisiana Court of Appeal · 1927
- Lieber v. WattsLouisiana Court of Appeal · 1932
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