Adams v. Drews

Citations

• 110 La. 456
• 34 So. 602
• 1903 La. LEXIS 655

Syllabus

<p>VENUE — TRESPASS TO LAND — DEED—CORRECTION OE ERROR.</p> <p>1. Where an action is brought for the recovery of real estate, and for the value of timber alleged to have been removed therefrom, it must necessarily be brought against the actual possessor of the land; but if he disclaims title,, discloses the name of the owner, who is thereupon made a party defendant, and shows that he was a possessor in good faith, there is nothing left of the suit against him but the claim for the value of the timber removed by him, which, being segregated from the claim against the owner for .the land, should be asserted by means of a personal action brought at his domiciie.</p> <p>2. Whilst an error in the description of real .estate may be corrected as between the parties-to the act in which it appears, a different case presents itself after a third person, acting in good faith, acquires rights with respect to the property as erroneously described. The error cannot be corrected to the prejudice of such rights.</p> <p>(Syllabus by the Court.)</p>