Walker v. Barrow
Supreme Court of Louisiana
APPEAL from the Fourth District Court, for the Parish of Jackson. Wear, J. A deed conveying land to'several persons by name and not stating the interest devised to each, necessarily conveys to them a joint title. Bouvier’s Law Dictionary, p. 678, Tit. Joint. The validity and effect of contracts aro to be determined by the law of the place where made.
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APPEAL from the Fourth District Court, for the Parish of Jackson. Wear, J. A deed conveying land to'several persons by name and not stating the interest devised to each, necessarily conveys to them a joint title. Bouvier’s Law Dictionary, p. 678, Tit. Joint. The validity and effect of contracts aro to be determined by the law of the place where made. O. J?., Art. 10; C. 1\, Art. 13; 12 An. 489, 199,24; An. 363; 10 An. 415. The usufructuary is not entitled to recover taxes paid on property, subject to the usufruct, or for improvements made thereon. O. 0 578 and 594. One co-proprietor can not…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the court was delivered by
Bermudez, O. J.
This is a partition suit on which a claim for rent has been engrafted.
The plaintiff, Mrs. Oxford, claims to be the owner, to the extent of one-fifth thereof, of 840 acres of improved land, in common with her two brothers, and her sister and her mother, who each owns a like proportion.
She claims rents of the property from her mother, from the time of her marriage, in the fall of 1883, with James M. Barrow.
The defense is, that plaintiff is owner of one-eighth only, and not entitled to any rent. Various counter claims…
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