Porter v. Porter

BENJAMIN C. DAWKINS, Jr., Chief Judge.

Tried without jury, this diversity action seeks recovery of title to certain mineral producing lands located in this District, and prays for an accounting for all proceeds from past production.

The only law involved in the case is the fundamental Louisiana rule, applicable to petitory actions such as this, which requires plaintiff to prove his claim by a preponderance of the evidence — upon the strength of his own title, and not because of any weakness in defendants’ title, Dugas v. Powell, 197 La. 409, 1 So.2d 677; Waterman v. Tide Water-Associated Oil…