Babington Bros. v. Barber

Citations

• 124 La. 1042
• 50 So. 844
• 1909 La. LEXIS 587

Syllabus

<p>1. Trial (§ 63*) — Reception oe Evidence-Rebuttal — Petitory Action.</p> <p>In a petitory action, it is incumbent upon-, the plaintiff to prove his title, and evidence to-prove such title must be offered as evidence in chief. Failure on the part of the plaintiff to-offer such evidence at the proper time cannot be corrected by his offer to prove a missing-link in his chain of title under the guise of rebutting the evidence of the defendant.</p> <p>2. Records (§ 17*) — Supplying Destroyed* Records — E vidence — Sueeiciency.</p> <p>While the rules of evidence are relaxed to-prove a deed which has been destroyed, still title to realty cannot be established by evidence-of so uncertain a character as the record contains. Under Act No. 57, p. 92, of 1886, parol testimony is admissible to prove the contents of a public record destroyed by fire; but mere-uncertain assertions and mere impressions of witnesses who fail to testify to a particular-title, who give no dates, no price, and no circumstances that go to prove that there was a sale, is not such evidence as will establish the-existence of a deed now alleged to be destroyed.</p> <p>(Syllabus by the Court.)</p>