Taylor v. Telle
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. 1. It is the prayer of the petition that fixes the character of the action.
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APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. 1. It is the prayer of the petition that fixes the character of the action. If plaintiff does not ask to have his title recognized, but only that defendant should surrender possession, the action is the possessory one. 41 An. 704 ; 3S An. 8.16; 37 An. 240. 2.' One who his never been in possession is not entitled to the possessory action. 24 An. 176; C. P. 46, et seq.; O. C. 35.36. 3. The manner in which the parties executed the contract shows their understanding of it. C. C. 1956-1939; I-Iennen’s Dig., p. 1012, No. 7.…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff alleges that he is the owner by regular title of Sec. 17 and fractional Secs. 9 and 16 in T. 7. S., R. 15 E., of the Greensburg land district in the parish of St. Tammany; that the defendant residing in New Orleans is in possession of a portion of south-west corner of Sec. 9; a portion of northwest corner of Sec. 16, and a portion of northeast corner of Sec. 17, and that he prevents petitioner from taking possession of and occupying said portions of said sections, and that he is a trespasser upon the lands described in the…
2Cases cited1 opinion
- Ellis v. PrevostSupreme Court of Louisiana · 1841
3Cited by12 opinions
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- Industrial Lumber Co. v. FarqueSupreme Court of Louisiana · 1926
- Bell v. SaundersSupreme Court of Louisiana · 1916
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