Ball v. City of New Orleans

Citations

• 52 La. Ann. 1550

Syllabus

<p>Syllabus.</p> <p>1. Where a person acquires real estate, free of incumbrance, at a sale made in satisfaction of the ranking mortgage and vendor’s privilege, the mere assumption that such person thereafter elected to take the place of the former owner with respect to a contract whereby it was agreed that said property should be used for a number of years for a certain purpose and should then revert, or be turned over, to another, without proof of any specific agreement on the part of the adjudieatee, is an insufficient basis for a judgment; and, where the evidence fails to show, with certainty, that the property was used by him for the purposes and under the conditions contemplated by such contract, it will be held that the title remains in such adjudieatee, or his heirs or assigns.</p> <p>2. Where a person, believing himself to be entitled thereto, demands and holds possession of property by virtue of a construction placed by him upon a contract, concerning the same, and upon the acts of those claiming adversely, who acquiesce in such demand and yield such possession, it can not be said that the possession thus acquired and held is in bad faith.</p> <p>3. Where, in such a case, the adverse claimant asserts his right in court and obtains judgment decreeing him to be the owner, and restoring him to possession, the rents and revenues to which he is entitled, from the date of the filing of the suit, are to be measured by the value of the property for ordinary purposes, and can not be augmented by adding thereto the additional revenue resulting from the use of the property, by a municipal corporation, as a public market.</p>