Perkins v. Louisiana Land & Exploration Co.

Plaintiff brings this action for slander of title against defendant; and the latter, after excepting to the right of plaintiff to maintain the action, then sets up title in itself. The lands involved are: (a) Lot 5 of section 77, fractional section 78, and east half of section 79; and (b) section 84, and fractional section 102 — all in township 14 south of range 23 east.

I

The first exception to plaintiff's right to maintain this action is that he was not in possession of the lands when the suit was filed.

We think he was. At that time one Brady, or his assigns, were in actual possession of the…