Walling Heirs v. Morefield
Supreme Court of Louisiana
ABPEAL from the First Judicial District Court, .parish of Caddo. Taylor, J. There is but one question in this case, and that is the prescription of ten years. To support the prescription of ten years; tbe title to tbe immovable must be apparently good, and of a character to induce the belief on tbe part of the possessor that the title is perfect.
Read the full summary
ABPEAL from the First Judicial District Court, .parish of Caddo. Taylor, J. There is but one question in this case, and that is the prescription of ten years. To support the prescription of ten years; tbe title to tbe immovable must be apparently good, and of a character to induce the belief on tbe part of the possessor that the title is perfect. A title defective on its face will not be sufficient; otherwise, where the defect proceeds from circumstances or evidence de hors the instrument. Where one assumes to sell without title, or without disclosing the defects in his title, the vendee, in…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This is a petitory action for the recovery of a town lot in the city of Shreveport.
Plaintiffs claim as the legal heirs of James Walling, who had purchased the property in 1843, at a sheriff’s sale in the suit of James Walling vs. T. T. Williamson.
Defendant claims title from T. T. Williamson by a sale through Williamson’s agent in 1870, and also pleads the prescription of ten years’ possession.
He also alleges the nullity of Walling’s purchase at the sheriff’s sale of J une 5,1843, on the ground of the vagueness and insufficiency of the…
2Cited by9 opinions
- Nabors Oil & Gas Co. v. Louisiana Oil Refining Co.Supreme Court of Louisiana · 1921
- Land Development Co. v. SchulzSupreme Court of Louisiana · 1929
- Wells v. BlackmanSupreme Court of Louisiana · 1908
- Don George, Inc. v. Paramount Pictures, Inc.District Court, W.D. Louisiana · 1951
- Geilinger v. PhilippiSupreme Court of the United States · 1890
4 more not listed; retrieve them via the Exa API.